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Legislation and Policy

Below you'll find a list of all posts that have been categorized as “Legislation and Policy”

Legislation & Policy

PRC Trademark Law – Draft Amendment Published for Public Comment

SIPS January 30, 2023 Knowledge, Legislation and Policy

The China National IP Administration (CNIPA) recently published a draft amendment of the PRC Trademark Law for public comment. The changes – which are summarized …

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bad faithdraft amendmentpublic commenttrademark law
Legislation & Policy

PRC – Beijing Decision Confirms Right to Compensation of Legal Costs against Bad Faith Filer

SIPS October 25, 2022 Knowledge, Legislation and Policy

Background The Beijing IP Court issued a decision in July 2022 confirming the right to compensation for victims of bad faith trademark registration.  To date, …

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bad faithcase notetrademark law
Legislation & Policy

CNIPA’s Reply to the Proposal of Amendment of Trademark Law and Implementation Regulations

SIPS October 12, 2022 Knowledge, Legislation and Policy

In August 2022, the China National Intellectual Property Administration (“CNIPA”) issued a document (available in Chinese here) offering a summary of its proposals to legislative …

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trademark law
Legislation & Policy

Recent Developments in Trademark Prosecution in the PRC

SIPS October 12, 2022 Knowledge, Legislation and Policy

This report provides updates on a range of encouraging developments relating to PRC trademark prosecution, including in particular: bad faith registration; the use of consent …

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bad faithconsent lettersdefensive filingse-certificatesfiling statisticsnon-use cancellationspendencyrejectionssuspensions
Legislation & Policy

2021 Wrap Up – People’s Republic of China IP Developments

SIPS February 4, 2022 Knowledge, Legislation and Policy

The past year saw quite a few encouraging developments in the world of China intellectual property, encompassing developments in both the judicial and administrative spheres. …

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civil procedure lawconsent lettersmediationpunitive damagessocial credit system
Legislation & Policy

Update on Trademark Consent Letters in the PRC

SIPS December 15, 2021 Knowledge, Legislation and Policy

Consent letters and coexistence agreements (referred to herein generally as “consent letters”) are written instruments issued by a prior trademark owner or between two parties, …

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Legislation & Policy

Latest Requirements for PRC Trademark License Recordal and De-recordal

SIPS November 29, 2021 Knowledge, Legislation and Policy

It is now possible to record and de-record licenses of registered PRC trademarks through e-filing or paper filing. As indicated below, it is no longer …

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trademark de-recordaltrademark recordal
Legislation & Policy

Translation: Measures for Data Exit Security Evaluation (Draft for Comments)

SIPS November 1, 2021 Knowledge, Legislation and Policy

On October 29, 2021, the Cyberspace Administration of China issued the “Measures for Data Exit Security Evaluation (Draft for Comments)”.  The original text is available …

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cybersecuritydata security
Legislation & Policy

Goodbye Paper Registration Certificates

SIPS October 26, 2021 Knowledge, Legislation and Policy

On October 12, 2021, the China National IP Administration (CNIPA) formally announced that starting January 1, 2022, only electronic copies of trademark registration certificates will …

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certificatese-certificatesinternational registration
Legislation & Policy

Draft Amendment to the PRC E-commerce Law

SIPS October 6, 2021 Knowledge, Legislation and Policy

On August 31, 2021, the State Administration of Market Regulation (“SAMR”) issued draft amendments to the PRC E-commerce Law for public comment. Set out below …

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e-commerce lawSAMR
Legislation & Policy

PRC Trademarks: Consent Letters

SIPS September 30, 2021 Knowledge, Legislation and Policy

When handling appeals of rejected applications, administrative authorities and the courts in China have until recently accepted consent letters as persuasive evidence, provided that the …

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coexistence agreementsconsent letters
Legislation & Policy

Notice Regarding Potential Pre-action Mediation of Administrative Appeals in China

SIPS September 14, 2021 Knowledge, Legislation and Policy

In August, the Beijing IP Court (BIPC) issued a Notice (available here) that provides for potential pre-action mediation of administrative appeal cases involving application appeals. …

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appealsBIPCmediation
Legislation & Policy

Translation: SAMR Announcement on the Decision on the Amendment of the PRC E-Commerce Law

SIPS September 1, 2021 Knowledge, Legislation and Policy

Announcement of the State Administration for Market Regulation on the Decision on the Amendment of the E-Commerce Law of the People’s Republic of China (Draft …

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e-commerce lawSAMRtranslations
Legislation & Policy

Defensive PRC Trademark Filings Recognized as Legitimate

SIPS August 31, 2021 Knowledge, Legislation and Policy

Defensive registrations can be a critical tool for securing protection against piracy and preserving business opportunities for new lines of goods and services. This is …

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bad faithdefensive filingsexamination standardstrademark law
Legislation & Policy

CNIPA Issues Draft Trademark Examination Standards (bilingual)

SIPS August 31, 2021 Knowledge, Legislation and Policy

On June 11, 2021, the China National IP Administration (CNIPA) issued a draft of its updated Trademark Examination and Review Standards (the “Standards”) for public comment. It …

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bad faithdefensive filingsexamination standards
Legislation & Policy

Translation: Shanghai Rules on Online Enforcement by Platforms

SIPS June 24, 2021 Knowledge, Legislation and Policy

Administrative authorities in Shanghai, led by the Shanghai IP Office, issued a joint notice on June 8, 2021, which sets out suggestions to locally-based trade …

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e-commerce lawenforcementonline infringementtranslations
Legislation & Policy

Retrial Judgment in Fendi Action against Retailer Selling Parallel Imports

SIPS June 22, 2021 Knowledge, Legislation and Policy

On March 4, 2021, the Shanghai Higher People’s Court (“Shanghai HPC”) upheld a decision by the Shanghai Intellectual Property Court (“Shanghai IP Court”) which found …

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class 35Fendiretail service marks
Legislation & Policy

Translation: Online Live Marketing Management Measures

SIPS April 28, 2021 Knowledge, Legislation and Policy

Online Live Marketing Management Measures (for Trial Implementation) Jointly issued by: Cyberspace Administration of China. The Ministry of Public Security of the People’s Republic of …

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live marketingmarketing management measurestranslations
Legislation & Policy

Bad Faith Trademark Registration in China – Rejection of Assignments

SIPS April 20, 2021 Knowledge, Legislation and Policy

Over the last few years, the PRC Trademark Office (“TMO”) under the China National IP Administration (“CNIPA”) has adopted a growing range of measures to …

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assignmentsbad faith
Legislation & Policy

CNIPA Campaign against Bad Faith Trademark Registration

SIPS March 31, 2021 Knowledge, Legislation and Policy

On March 24, 2021, the Chinese National Intellectual Property Administration (“CNIPA”) published an Action Plan for Combatting Bad Faith Trademark Registration (“Action Plan”). See SIPS …

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bad faithCNIPA campaign
Legislation & Policy

Translation: Notice on the Action Plan for Combating Bad Faith Trademark Registration

SIPS March 25, 2021 Knowledge, Legislation and Policy

CNIPA March 15, 2021 Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps; relevant …

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action planbad faithtrademark lawtranslations
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