Abstract

Abstract Amid rapid economic growth in Asia, there is a shortage of comparative literature on Asian IP laws, and even less dealing with Asian trademark laws. This chapter surveys trademark laws in the major Asian jurisdictions of China, India, Japan, Korea, Malaysia, the Philippines, Singapore and Taiwan. It explores four crucial limitations on trademark rights in these jurisdictions: international exhaustion, prohibition of abuse of trademark rights, fair use, and unique defenses against the award of damages. It also summarizes and examines the new limitations on trademark rights that have been adopted in China on the on hand and in Japan, Korea and Taiwan on the other.

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