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Unpublished Paper
How China Succeeded in Protecting Olympic Trademarks and Why this Success Will Not Generate Immediate Improvements in Intellectual Property Protection in China
Loyola Law & Technology Annual (2010)
  • Aileen M McGill, University of Pennsylvania Law School
Abstract
After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted in preparation for the Olympics was an administrative body dedicated to the protection of Olympic trademarks in conjunction with educational campaigns emphasizing the importance of Olympic symbols. China succeeded in protecting Olympic symbols from extensive counterfeiting. However, due to the cultural support for the Olympics and the importance of the Games to the Chinese people, overall, it is unlikely that China will translate this success into immediate improved protection of all commercial trademarks. Although immediate improvements in intellectual property protection in China are unlikely, the Chinese government can apply the administrative structure for the enforcement of Olympic trademarks to limit counterfeiting and piracy nationwide. The growth of China’s economy has led to greater domestic franchising and an enormous urban consumer base that relies on trademarks to ensure product quality. Using the IPR enforcement structure of the Beijing Olympic Committee may bridge the gap between a culture that has traditionally been at odds with individual intellectual property rights and the need for improved intellectual property in China.
Keywords
  • China,
  • trademark,
  • intellectual property,
  • TRIPS
Publication Date
2010
Citation Information
Aileen M McGill. "How China Succeeded in Protecting Olympic Trademarks and Why this Success Will Not Generate Immediate Improvements in Intellectual Property Protection in China" Loyola Law & Technology Annual (2010)
Available at: http://works.bepress.com/aileen_mcgill/2/