IPR Governance

Guangming Daily March 16

Companies have registered the names of hospitals built to tackle the novel coronavirus epidemic, such as huoshenshan and leishenshan, as trademarks, drawing widespread condemnation from the public. The National Intellectual Property Administration recently implemented new controls over trademark registration and application, rejecting 63 such cases in accordance with the Trademark Law.

This move shows that the importance of intellectual property rights (IPR) has been consolidated in the public consciousness. Moreover, China has established a legal ecosystem

which protects IPR, with crackdowns on malicious trademark registration.

The registration of a new trademark usually goes through two stages. The first stage sees the inspection documents for the application. The trademark is then checked to see whether it is in conflict with existing registrations. The potential for wrongdoing, such as fraud, is also part of the evaluation process.

Huoshenshan and leishenshan have become synonymous with the two hospitals’ contribution to epidemiological prevention and control. If businesses abuse them for profit, it would have a negative impact on society. According to the law, trademarks that have a detrimental effect on morals or social customs shall not be used or approved for registration. This rule is indicative of how the law is designed to protect social values and also suggests the synergy between the rule of law and virtue in national governance.