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Below you'll find a list of all posts that have been tagged as “trademark law”

Legislation & Policy

SIPS White Paper on Proposed Trademark Law Revision in China

SIPS February 15, 2023 Knowledge, Legislation and Policy

In January 2023, the China National IP Administration (CNIPA) issued a draft revision of the PRC Trademark Law for public comment. A SIPS translation of …

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bad faithdraft amendmenttrademark lawwhite paper
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
Trademark Enforcement

Defensive Trademark Filings in China – Time to Review Strategies?

SIPS December 31, 2022 Knowledge, Trademark Enforcement

Defensive trademark registrations are a critical tool for securing protection against piracy and preserving business opportunities for future lines of goods and services. By their …

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bad faithdefensive filingstrademark 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
Trademark Enforcement

In-Sink-Erator Case Demonstrates Chinese Courts’ Increasing Willingness to Punish Trademark Piracy Using the AUCL

SIPS September 1, 2022 Knowledge, Trademark Enforcement

The Chinese trademark regime is a first-to-file system. Accordingly, priority is given to the individual or entity that first applies for and registers, rather than …

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anti unfair competition lawAUCLbad faithtrademark law
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
Trademark Enforcement

Recent Developments Regarding Bad Faith Filings in China

SIPS March 31, 2021 Knowledge, Trademark Enforcement

The past year has seen a number of encouraging developments for brand owners confronting registry piracy in the PRC, including greater proactivity on the part …

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bad faithinterference letterstrademark law
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
Legislation & Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks

SIPS December 3, 2020 Knowledge, Legislation and Policy

Translation: Several Regulations on Standardizing the Application and Registration of Trademarks (Issued Decree No. 17 of the State Administration for Market Regulation on October 11, …

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bad faithSAMRtrademark lawtranslations
Trademark Enforcement

White Paper: Barriers to Effective Protection of Trademarks in China

SIPS November 25, 2020 Knowledge, Trademark Enforcement

SIPS supports its clients through policy work, including contribution of our team’s time to research projects, position papers, seminars and other initiatives focused on improving …

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bad faithcivil litigationinjunctionsonline infringementtrademark law
Trademark Enforcement

Updates on the Protection of IP Rights in China: Primary Challenges, Recent Developments and Best Practices

SIPS September 1, 2020 Knowledge, Trademark Enforcement

China has long been a target of criticism for infringement of intellectual property (“IP”) rights. Over the last 20 or so years, China has not …

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bad faithcopyright lawenforcementpatent lawtrade secretstrademark law
Legislation & Policy

China’s Commitment to IP Protection is Upfront in its Economic and Trade Agreement with the US

SIPS April 3, 2020 Knowledge, Legislation and Policy

Phase 1 of the Economic and Trade Agreement between the United States and China was released on January 15, 2020 (“the Agreement”). The eight-chapter Agreement …

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bad faithe-commerce lawpatentstechnology transfertrade agreementtrade secretstrademark law
Trademark Enforcement

Recent Developments in Combating Bad Faith Trademark Piracy in China

SIPS December 12, 2019 Trademark Enforcement

There have been a range of new legislative developments in China attempting to tackle the widespread problem of bad faith trademark piracy, including the following: …

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bad faithtrademark lawtrademark piracy
Legislation & Policy

CCP and State Council Issue Policy Document on IP Protection

SIPS November 28, 2019 Knowledge, Legislation and Policy

On November 24, 2019, the General Office of the Central Committee of the Communist Party of China (CCP) and the State Council jointly issued a …

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bad faithe-commerce lawinfringementtrade secretstrademark law
Trademark Enforcement

The Impact of China’s Trademark Law Amendments

SIPS August 31, 2019 Trademark Enforcement

On April 23, 2019, China’s National People’s Congress announced the fourth revision to the PRC Trademark Law[i], changes which come into effect on November 1, …

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bad faithinvalidationsoppositionstrademark lawtrademark piracy
Trademark Enforcement

PRC Trademark Law Amendment Targeting Bad Faith Registration and Infringements

SIPS April 29, 2019 Trademark Enforcement

On April 23, 2019, the Standing Committee of the National People’s Congress (NPC) enacted amendments to the PRC Trademark Law mainly to address bad faith …

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bad faithenforcementinfringementtrademark lawtrademark piracy
Trademark Enforcement

Recent Developments in IP Protection in China

SIPS April 29, 2019 Trademark Enforcement

Trademark Law Amended The PRC Trademark Law (TML) was amended on April 23, 2019, by the Standing Committee of the National People’s Congress (NPC), with …

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bad faithe-commerce lawonline infringementtrademark law
Legislation & Policy

The PRC Social Credit System and IP Protection

SIPS April 4, 2019 Knowledge, Legislation and Policy

Introduction The Chinese government is in the process of developing a nationwide “Social Credit System” (社会信用体系) that aims to strengthen compliance by individuals and corporate …

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infringementsocial credit systemtrademark law
Trademark Registration

Draft SIPO Provisions for Addressing Bad Faith Registration in China

SIPS February 19, 2019 Trademark Registration

On February 14, 2019, the State Intellectual Property Office of China (SIPO) – the parent organization of the Trademark Office (TMO) – published draft regulations …

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bad faithinvalidationstrademark lawtrademark piracy
Legislation & Policy

SPC Guidance on Trademark Registry Cases

SIPS February 23, 2017 Legislation and Policy

On January 10 2017, China’s Supreme People’s Court (SPC) promulgated the final version of provisions that were first circulated for public comment in the autumn …

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trademark lawtrademark prosecution
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