Increased Trademark Protection in the PRC?

All eyes are on the protection of intellectual property in the PRC as accession to the WTO draws closer. Amendments to the existing Trademark Law are expected to be released soon. Will these proposed revisions do enough to fill the gap in intellectual property protection?

In November 2000, the draft amendments to the PRC Trademark Law (中华人民共和国商标法)(Trademark Law) were reportedly forwarded by the State Council to the Standing Committee of the National People's Congress¹. Although not formally published, the draft sheds some light on the intended reforms. These reforms are mainly aimed at meeting the requirements under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), which the PRC would have to adhere to after its accession to the World Trade Organization (WTO). The promulgation of the amended Trademark Law is expected during the first half of 2001.

CURRENT REGULATIONS

The Trademark Law, effective as of July 1 1983, was supplemented by the PRC Trademark Law Implementing Rules (Implementing Rules) and was revised in a first round of liberalizing reforms in 1993². These regulations now permit service mark and multiple class registrations. The Implementing Rules underwent several changes in 1988³, 1993, 1995⁴, and one minor procedural amendment in 1999.