ABSTRACT

Trademark law is probably the most internationally harmonized area of IP law, with more than a dozen international treaties and agreements signed. However, the harmonization is mostly procedure-oriented, and substantive trademark laws of national states still differ in significant respects. This chapter strives first to paint the Asian trademark landscape, and then examine the following four topics that arguably best reflect some of the difficulties that Asian courts are facing and features of Asian trademark laws: grappling with use of trademarks, protection of well-known marks, limitations on trademark rights, and infringement and damages. This chapter ends with a summary conclusion.