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Extensive amendments were adopted to the China Trademark Law Featured

15 August 2012 By In Intellectual Property

Trademark law links to our China IP litigation practice. Extensive amendments to the China trademark law were adopted recently. The decision, which will be effective from Oct. 1, is aimed at stepping up the transformation of governmental functions, innovating with China's mode of opening up, and searching for experience to deepen China's reform and opening up, according to Chairman. China trademark lawyer at the Law Office of Peter Zhu summarized the changes and below is a list of the major changes:

  • 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.

Read 3567 times Last modified on Wednesday, 11 September 2013 10:53
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