Beijing Higher People’s Court recently made a significant ruling in support of “merchandising rights”, which breaks through the barrier of China’s existing legal framework for protecting intellectual property, said legal experts.
“The PRC law provides no definition for ‘merchandising rights’, and there is a lack of consensus on this concept among the academic community as well,” Wan Xing, a Beijing-based partner of DaHui Lawyers, told China Business Law Journal.
“From our point of view, this concept refers to the rights that owners of some well-known or attractive symbolic elements should have to use these elements as merchandise, and benefit from such use.”
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