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30 April 2014Trademarks

Tougher Chinese trademark law enters into force

Revisions to China’s trademark law that include increased fines for trademark infringement are set to enter into force today, May 1.

Several changes will be implemented, including the ability to register sounds and colours as trademarks for the first time.

However, the most notable change will allow courts to issue statutory damages of up to RMB 3 million ($480,000) for infringement, six times more than the current maximum.

Also included in the new law is the specification of time periods for completing a trademark registration, review and objection procedure.

It stipulates that the China Trademark Office should complete the examination of registration applications within nine months of the receipt of application documents.

The law also includes a provision that the term “well-known trademark” is not an honorary title and should be banned from use in packaging and advertising.

The amendments were passed by the Standing Committee of the National People’s Congress, China’s top legislative body, on August 30, 2013.

It is the third time China has amended its trademark law, created in 1982, following changes in 1993 and 2001.

Revisions to the trademark law are among a number of attempts by the Chinese government to strengthen the legal protection of IP.

Earlier this month, the government announced it was set to launch a series of crackdowns on online copyright infringement and that it is considering introducing a dedicated IP court.

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Trademarks
4 September 2013   Lawmakers in China have approved the third and final reading of the latest revisions to the country’s trademark law.