WORLD TRADE
ORGANIZATIONIP/C/W/374/Add.4
6 October 2003
(03-5229)
Council for Trade-Related Aspects
for Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from China
Addendum
By means of a communication from the Permanent Mission of the People's Republic of
China, dated 19 June 2003, the Secretariat has received the following response to a question posed by
Korea in document IP/C/W/380.
_______________
KOREA
14. Please explain how the meaning of "practicality" (in Article 10 of the Unfair
Competition Prevention Act) compares with th at of "commercial value" (as stipulated in
Article 39.2 of the TRIPS Agreement).
The term "practicality" in Article 10 of the Un fair Competition Prevention Act refers to the
fact that a trade secret must be able to bring practical or potential interest or advantage in competition.
The meaning of "practicality" is identical to that of "commercial value" stipulated in Article 39.2 ofthe TRIPS Agreement.
As to the different versions of answer to question 2
1 to the effect that "How does the Chinese
Trademark Law implement Article 23.2 of the TRIPS Ag reement?", both are correct.  In fact, the two
answers were made regarding different methods un der China's Trademark Law that can implement the
requirement under Article 23.2 of TRIPS Agreement.  A more clear and complete answer can be
provided as follows:
.
"Under the new Trademark Law, Article 16 and 41 provide that a trademark
application shall be refused or a registered trademark be cancelled where conflictwith an eligible geographical indication exists.  At the same time, according to Article
3 of China's Trademark Law, a geographical indication can also be registered as a
certification trademark, and an application of a trademark that conflicts with a
geographical indication that has been registered as a certification trademark shall be
refused by the Trademark Office on its own initiative according to Article 28, or uponrequest according to Article 30 of China's Trademark Law."
__________
                                                     
1 See documents IP/C/W/374/Add.2 and 3.