Understanding and Application of “Being Already in Use” Mentioned in Article 31 of the Trademark Law

According to Article 31 of the Trademark Law as re- vised in 2001,In trademark application,one should not pre- emptively register a mark that is already in use by another party and has certain influence;it is also provided in Article 41,paragraph two that where a registered trademark stands in violation of the preceding provision,the owner of the mark     

Compelled Choice Made in Dilemma:Comments on the Issue of Application of Law in the First Case of“Bolar Exception”in China

Ⅰ.Introduction On 20 December 2006,the Beijing No.2 Intermediate People's Court(the Court for short)rendered its first-instance judgement on the Japanese Sankyo Co.,Ltd.)(Sankyo for short) v.the Beijing Wansheng Drug Co.,Ltd.(Wansheng for short),a case of infringement of the patent for the pharma- ceutical"Olmesartan medoxomil",establishing that Wan-