Implementing Regulations to Trademark Law Offer Further Protection for Trademark Owners
Amendments to the PRC Trademark Law, prompted by China¡¦s entry into the World Trade Organization, entered into effect on December 1 2001. 1 On August 3 2002, the State Council promulgated the PRC Trademark Law Implementing Regulations (Implementing Regulations), which supplement various provisions in the amended Trademark Law.
Date:
October 2002
Keywords (click to search): [trademark] [trademark law] [trademark protection] [maximum fines] [trademark infringements] [trademark infringer] [PRC Trademark Office and Trademark Review and Adjudication Board] [TRAB] [trademark application]
By Joseph Simone,
Baker & McKenzie
Hong Kong
The Implementing Regulations entered into force on September 15 2002, and replace the PRC, Trademark Law Implementing Rules (4th Revision), which were issued in 1999. As discussed below, the new Implementing Regulations significantly increase the maximum fines that may be imposed against trademark infringers, provide more explicit protection for owners of marks that are deemed to be ¡§well-known¡¨ (chi ming) and streamline the handling of various procedures at the registry.
The changes do not go as far as many had hoped in modernizing the PRC Trademark Law, but they clearly represent an improvement over the prior regime.
The PRC Trademark Office and Trademark Review and Adjudication Board (TRAB) are expected to issue various guidelines in the coming months that should set out more detailed procedures and standards relating to many of the provisions in the Implementing Regulations, as well as...
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