In the modern society of rapid economic development and globalization, as well as close international commercial communication, the demand for protecting non-traditional trademarks such as scent trademarks is becoming increasingly prominent. However, China's Trademark Law has not yet explicitly included odor trademarks in the scope of protection, resulting in a disconnect between domestic law and international practice. Taking Article 18.18 of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) as the entry point, this paper systematically analyzes its institutional connotation and the experience of member states to reveal the theoretical and practical dilemmas faced by China in the protection of odor trademarks. It is found that although countries around the world have explicitly included odor trademark into the scope of legislation and different protection modes in their domestic legal practice, and scholars from various countries have carried out legal research on the legal concept of odor trademark from different perspectives, China has not carried out the corresponding legal work on this new concept of trademark, which to a certain extent impedes the discourse power of China in the global trade system. In this regard, this paper intends to take Article 18.18 of CPTPP as the entry point, systematically analyze its system connotation and experience of member states, synthesize the dilemma of China's legislative practice, and explore the future of China's connection to the rules of the CPTPP, and the construction of the odor trademark protection system of the due diligence.
Yuhang Wu (Tue,) studied this question.
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