Chinese courts strengthens protection over trademark and simplifies the process.
Frederick Mostert 18. Professor of Practice, Dickson Poon School of Law, King's College, London. “THE APPLICATION AND CHALLENGES OF BLOCKCHAIN IN INTELLECTUAL PROPERTY DRIVEN BUSINESSES IN CHINA.” TSINGHUA CHINA L. REV. 13. 12-17-2018. https://heinonline.org/HOL/LandingPage?handle=hein.journals/tsinghua11&div=5&id=&page= //
The Hangzhou Internet Court has already accepted Blockchain evidence in a copyright litigation.® Even though there has been no trademark case involving Blockchain evidence, Blockchain technology could potentially apply in this area.
Since the timestamp is as immutable as the data, Blockchain can verify an assertion at a given time. For trademarked products, accurately recording information about a product’s history can be of value, particularly by using the time of record entry for evidence of first use and adoption of a trademark. For example, when two or more applicants apply to register an identical or similar trademark for the same goods on the same day, Blockchain can help prove who is “first in time and first in right” (article 31of PRC Trademark Law)>. Also, Blockchain evidence might possibly assist by strengthening an argument to oppose or invalidate a third party’s trademark (article 32)% if the third party has infringed upon an existing prior right. Evidence of use recorded on Blockchain may also be helpful to prove “prior use” (article 59 paragraph 3)* in a variety of trademark conflicts and could possibly assist in “famous and well-known mark” proceedings (article 14)7. In these instances, Blockchain could potentially be used to simplify and verify the available evidence, in turn helping trademark examiners and judges.