Years of protests from the Shaolin monks appear to have fallen on deaf ears, as companies in North America, Japan and Europe -- and even at home in China -- continue to use the Shaolin name without authorization. The monks are concerned that they may eventually find they themselves are unable to use the name of their temple.
"Now I am worried that we will not be allowed to use the title, 'Shaolin Kungfu' when we go abroad for performances," said Master Shi Yongxin, the abbot of Henan Province's Shaolin Temple. Shi was speaking at the Shaolin Martial Monk Team's Beijing premiere of its show, Powerful Shaolin, on May 28.
The abbot said that most trademarks, including such terms as, "Shaolin Kungfu," "Shaolin Wushu," "Shaolin Quan" and "Shaolin Kungfu Set," have been registered by companies in the US, Japan, and Europe. A survey of 11 countries on five continents conducted by the China Trademark and Patent Affairs Agency in 2002 uncovered 117 items registered with the name Shaolin. None of the trademark holders had consulted with the temple.
The monks have won back the right to several variations of the Shaolin name that had already been registered in Australia.
Chinese entrepreneurs haven't always demonstrated respect for the temple's long history and reputation, either. Dozens of businesses nationwide have capitalized on the famous name. No fewer than 80 martial arts schools are using the name, even though they have no affiliation with the temple.
A lawsuit the monks brought against a food producer for unauthorized use of the name on its sausages was successful.
In addition to fighting their battle in court, the monks have registered their own Shaolin trademarks in 68 countries. They established the Henan Shaolin Temple Industrial Development Co., Ltd., to protect and manage the name, reputation and other intangible assets of Shaolin Temple.
They are going a step further by seeking United Nations recognition. The temple's application to UNESCO for listing as an intangible world cultural heritage will be delivered to the Ministry of Culture early next month.
Abbot Shi Yongxin says that the commercial exploitation of the Shaolin name is tarnishing an image that should be allowed to gleam. Shaolin kungfu, he says, represents the spirit of the Chinese nation: just, striving to improve, patriotic and humanitarian. It took more than 1,500 years of painstaking effort to make Shaolin kungfu what it is today, and its unique worth in character shaping and spiritual and moral development are more important than any commercial value, he says.
Shaolin Temple was built in 495, originally designed to house Batuo, a celebrated Indian monk who spent many years spreading Buddhism. Legend has it that at the beginning of the seventh century, an army of 13 Shaolin monks saved the life of the future Tang Dynasty emperor Li Shimin, defeating an entire division of the ruling Sui Dynasty's troops and helping Li to escape. When he took power, Li showered the monks with favors, land and wealth. Shaolin then thrived as a center of kungfu masters from around the country.
The trademark battle is not one that a handful of monks can win alone. Abbot Shi says that protecting the name of the temple worldwide -- and ensuring respect for China's history and traditional culture -- will require the strength of the nation and the government.
(China.org.cn June 2, 2004)
