A comparison between pre-trial remedies for trade mark infringements in Canada and China

Abstract

This thesis reflects the author's recent five years' practice as a lawyer in the trade mark regime of the People's Republic of China, and how this regime compares with the Canadian legal approach. This thesis does not include the general topic of trade mark law; rather, it focuses on the pre-trial remedies for trade mark infringements. Two forms of the pre-trial remedy, namely Interlocutory Injunctions and Anton Piller Orders, are analysed to illustrate the essence of the common law approach in Canada, as it has been influenced by recent English law. As well, the author analyses the practices regarding pre-trial remedies for trade mark infringements in China, from both administrative and judicial perspectives. In the final chapter, feasible suggestions are posed to China in the hope that reliable and rational legal protections can be expanded there to reflect the ultimate domestic and international requirements in law that now exist.