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New Changes To Trademark Protection In China

Enhancing trademark protection is another crucial aspect of China's commitment to meet WTO-imposed requirements. China's newly revised trademark law offers the prospect for greater intellectual property protection in future.

Date: January 2002

Keywords (click to search): [trademark] [trademark protection] [amended trademark law] [trademark regulations] [trademark infringement] [trademark law] [intellectual property] [Paris Convention] [administration and adjudication of trademark rights]

On October 27 2001, the same day as it promulgated the PRC, Copyright Law (Revised), the government promulgated the PRC, Trademark Law (2nd Revision), hereafter the Revision. The Revision came into effect on December 1 2001, and as with the revised Copyright Law, the purpose of the Trademark Revision is to bring China's regulations on intellectual property protection more in line with international norms and to demonstrate China's resolve to honour its WTO accession commitments.

The Revision

Compared with the old Trademark Law, the Revision represents marked efforts to further conform to the norms for trademark protection as set forth in the Paris Convention and the WTO TRIPS agreement. As a result, the Revision aims to provide enhanced protection of trademarks and strengthen enforcement power with respect to trademark infringements, as discussed in greater detail below.

JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS

The most prominent change in the Revision is the...

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