- statutory damages increased to RMB 3 million.The amendment, which raised the compensation ceiling for trademark infringement to 3 million yuan (about 500,000 U.S. dollars), six times the previous limit, also includes clauses that will effectively prevent malicious registration of trademarks.
- sound mark now permitted.
- various deadlines are now imposed on the trademark office in handling applications, appeals to the review board, oppositions, cancellations, invalidation proceedings etc.
- punitive damages are provided
- court may order production of accounting records and other information from the infringers when assess damages.
- use of other's trademark in one's company name or trade name not permitted and may attract liability under Unfair Competition Law
- knowing other's trademark through business deals, contracts etc and registering the mark as one's own trademark now a new ground of opposition
- accused infringer can use registrant's no use (prior three years) as defence and, if the registrant suffered no other damages, will not be liable for any damages (remember: there otherwise could be statutory damages)
Chairman of the NPC Standing Committee, who presided over Friday's meeting, said the revised Trademark Law will strengthen the protection of the rights and interests of industrial and commercial enterprises as well as consumers. He also believes it will help implement China's intellectual property strategies and promote the healthy development of China's socialist market economy.
