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Amended Chinese Trademark Law & its Implementation Regulations take effect in concurrence on 1 May 2014

China has recently promulgated the amendments to the Implementation Regulations of its Trademark Law to assist the implementation of the amended Chinese Trademark Law adopted in August 2013. Both have taken effect as of 1 May 2014.
The amended Implementation Regulations comprise 98 rules in 10 chapters, among which Chapter 5 is a new one consisting of 17 rules that focus on international trademark application, covering the eligibility conditions, procedures, and examination of the application.

To align with the allowance for multi-class applications in the amended Trademark Law, the amended Implementation Regulations stipulate that in case of rejection of a multi-class application, the applicant may seek divided application for registration of trademark used on the product which is preliminary allowed, while the result of reexamination of the application on the rejected product is pending.

The amended Implementation Regulations also specify in more detail some conditions, standards and procedures stated in the Trademark Law. For example, "provide a person with conveniences for such person's infringement" in the Trademark Law (Article 57, item 6) is expounded in the amended Implementation Regulations (Rule 75) as "provide a person's infringement with storing, transportation, mailing, printing, shelter, operation premises, and online commodity trading platform".

Furthermore, the amended Implementation Regulations (Rule 78) list those factors that may be taken into account when calculating the "illegal turnover" mentioned in Article 60 of the Trademark Law.

http://www.lexology.com/library/detail.aspx?g=1b723864-eea7-429e-bdef-658a9cc3def6


What are the Chinese regulations on foreign expert intellectual property rights protection

Intellectual property of foreign experts can include patents, book copyrights, technology property rights, or trademarks, and in this, China follows a practice of treating foreigners (including foreign experts) as Chinese nationals.

As China’s legal system improves and laws on intellectual property rights are enforced, intellectual property rights of foreigners are effectively protected. China’s laws and regulations on intellectual property rights are mainly the Patent Law, the Trademark Law, and the Copyright Law.


The Chinese government has participated in international intellectual property rights actions and in international negotiations of important treaties, and has signed many multilateral or bilateral agreements, and China follows its international obligations in this.


It must also be noted that any inventions that involve an employer’s work or using an employer’s resources are deemed service inventions and creations and any related patent has the employer as the holder. Also, if inventions and creations involve an employer’s resources and they have a signed contract with the inventor or designer specifying the patent rights and ownership, those conditions will prevail.

http://www.chinadaily.com.cn/m/safea/2014-05/19/content_17518655.htm


Ads and packaging can no longer use 'well-known' mark

When the newly revised Trademark Law took effect this month forbidding the use of "well-known trademarks" in advertising and on packaging, some companies were left holding the bag as they scrambled to comply.

Although liable for a fine of up to 100,000 yuan ($16,020), they could not change their advertising and packaging in time.
The high cost of simply removing old labels and designing new ones is one reason for the difficulty.

http://www.chinadaily.com.cn/cndy/2014-05/21/content_17526836.htm


 

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