China: Provisions Of The Supreme People's Court On Several Issues Concerning The Hearing Of Administrative Cases Involving The Granting And Affirmation Of Trademark Rights

Fa Shi [2017] No. 2

(Adopted at the 1703rd meeting of the Judicial Committee of the Supreme People's Court on December 12, 2016, effective as of March 1, 2017)

 These Provisions are promulgated to facilitate the Court's impartial hearing of administrative cases involving the granting and affirmation of trademark rights, in accordance with the laws and regulations of the "Trademark Law of the People's Republic of China" ("Trademark Law") and the "Administrative Procedure Law of the People's Republic of China" ("Administrative Procedure Law"), while taking into consideration the Court's trial practice.

Article 1

The administrative cases involving the granting and affirmation of trademark rights (trademark administrative cases) referred to in the Provisions are the litigations brought before the Courts by the administrative counterparts or interested parties against the decisions rendered by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry & Commerce in respect of cases of review on trademark refusal, review on disapproval of trademark registration, review on trademark revocation, trademark invalidation declaration, review on trademark invalidation declaration, etcetera.

Article 2

In principle, the Court shall rule on the merits of an administrative action involving the granting and affirmation of trademark rights within the scope as determined by the claims and grounds of actions raised by the plaintiff. With respect to grounds that the plaintiff has not raised in the litigation, the Court may, after hearing the statements of all parties, examine and rule on the basis of such grounds if it concludes the TRAB's findings was obviously inappropriate.

Article 3

"Trademarks identical with or similar to the State name of the People's Republic of China" as provided in Article 10.1.1 of the "Trademark Law", refers to trademarks that are identical with or similar to the State name as a whole.

With regard to signs that contain the State name of the People's Republic of China, but are NOT identical with or similar to the State name as a whole, if the registration of such sign as a trademark may be detrimental to the national dignity, the Court may determine that such sign fall under the circumstances as provided in Article 10.1.8 of the "Trademark Law".

Article 4

With regard to those signs or the signs whose components that are deceptive and are likely to mislead the public to misidentify the quality or other characteristics or place of origin of the goods, the Court shall uphold decisions of the TRAB if the said decisions were based on the findings that it falls under the circumstances as provided in Article 10.1.7 of the 2001 version of the "Trademark Law".

Article 5

With regard to those signs or the signs whose components that may have negative or adverse effects on China's public interests or order, the Court may determine that such signs fall under the category of signs "having other unhealthy influences" as provided in Article 10.1.8 of the "Trademark Law".

Where the name of a public figure in the political, economic, cultural, religious, ethnic or other field is filed to be registered as a trademark, the Court shall find such action constitute "other unhealthy influences" as provided in the preceding paragraph.

Article 6

With regard to those signs that are the combination of geographical names as administrative divisions at or above the county level or the foreign geographical names well-known to the public and other elements, if the sign as a whole has the meaning that could distinguish it from geographical name, the Court shall determine that it does not fall under the circumstance as provided in Article 10.2 of the "Trademark Law".

Article 7

The Court finding on the distinctiveness of a litigious trademark shall be made based on the common perception of the relevant public of the goods on which such mark is designated to be used, by taking the said trademark into consideration as a whole. Where the descriptive component of a sign does not affect its distinctiveness as a whole, or a descriptive sign is displayed in a specific manner so as to serve as a source identifier of the goods to which it is attached by the relevant public, the Court shall find such sign distinctive.

Article 8

The Court shall base its distinctiveness finding over a litigious trademark in foreign language on the common perception of the relevant public within Chinese territory. Where the inherent meaning of the litigious mark in the said foreign language may affect its distinctiveness on designated goods, but the relevant public is hardly aware of that meaning so that the mark could still function as a source identifier of the goods to which it is attached, the Court may find it distinctive.

Article 9

Where an application is filed to register the shape or partial shape of a product as a three-dimensional trademark, if under most circumstances, the relevant public is not likely to take such sign as a source identifier of the goods to which it is attached, such sign should be found non-distinctive as a trademark.

The fact that a three-dimensional sign has been originally created by or firstly used by the applicant shall not necessarily be admitted as proof of distinctiveness of such sign.

Whereas an inherently non-distinctive sign as mentioned in the first paragraph has become, through long-term or extensive use, source identifier of the goods to which it is attached by the relevant public, the Court may recognised such sign as distinctive.

Article 10

With regard to those litigious trademarks that are statutory or customary name of the goods to which it is attached, the Court shall find that it constitute the generic name as provided in Article 11.1.1 of the "Trademark Law". Where, in accordance with laws, regulations, national or industry standards, a litigious mark is categorized as the generic name of the goods to which it is attached, the Court shall determine that mark as generic name. A specific name that is commonly perceived by the relevant public as the name of a category of goods, shall be ruled as customary generic name. The fact that a name has been classified as name of certain goods by professional reference books, dictionary, etcetera, may serve as the point of reference for the findings that said name has become the customary generic name of such goods.

In general, common perception of the relevant public nationwide shall be benchmarked in determination of the customary generic name of certain goods. The name being generally used to refer to those goods in its fixed relevant market due to historical tradition, local customs and practices, geographical environment or other reasons, may be ruled by the Court as generic name.

Where the applicant of a litigious trademark definitely knows or should have known that his applied trademark has become the customary name of certain goods within some areas, the Court may find such mark as generic name of such goods.

In general, the Court shall base its finding of generic name on the de facto status at the time of the application date of the litigious trademark. Where the de facto status has changed at the time when litigious trademark is approved for registration, the Court finding shall be based on the de facto status at the time of registration.

Article 11

With regard to those signs that merely or mainly describes or demonstrates the quality, major raw materials, function, usage, weight, quantity, origin or other features of the goods in respect of which the trademark is used, the Court shall find that it falls under the circumstances as provided in Article 11.1.2 of the "Trademark Law". Those signs or the signs whose components insinuating the features of the goods in respect of which the trademark is used, but does not affect its identifying function, shall be excluded from the circumstances as provided in this article.

Article 12

Where a party concerned requests the disapproval of the registration of a litigious trademark or the invalidation of a litigious registered trademark based on Article 13.2 of the "Trademark Law" by claiming that such trademark is a duplication, imitation or translation of its unregistered well-known trademark, the Court shall determine whether the registration of such trademark is likely to cause confusion by taking into consideration the factors listed below and the interplays among them:

 The extent of similarity of the trademarks;

  1. The extent of similarity of the goods on which the trademarks are designated to be used;
  2. The extent of distinctiveness and reputation of the trademark that requests protection;
  3. The degree of attention of the relevant public; and
  4. Other pertinent factors.

 The intention of the trademark applicant and the evidence of actual confusion may also be taken into consideration when determining the likelihood of confusion.

Article 13

Where a party concerned requests the disapproval of the registration of a litigious trademark or the invalidation of a litigious registered trademark based on Article 13.3 of the "Trademark Law" by claiming that such trademark is a duplication, imitation or translation of its registered well-known trademark, the Court shall determine whether the use of such trademark would lead the relevant public to construe that there is certain level of association between the litigious mark and the well-known trademark so as to mislead the public and harm the interests of the well-known trademark owner, by taking into consideration the factors listed below:

 The distinctiveness and extent of reputation of the Cited trademark;

  1. Whether the trademarks are sufficiently similar;
  2. The goods on which the trademarks are designated to be used;
  3. The extent of overlapping of the relevant public and the degree of attention thereof;
  4. Signs similar to the Cited trademark that are legitimately used by other market entities or other pertinent factors.

Article 14

Where a party concerned requests the disapproval of the registration of a litigious trademark or the invalidation of a litigious registered trademark based on the grounds that such trademark is a duplication, imitation or translation of his registered well-known trademark, and the TRAB adjudicates to uphold such claim based on the provisions of Article 30 of the "Trademark Law", the Court, after hearing the statements of all parties, may 1) apply Article 30 of the "Trademark Law" if the litigious trademark has been registered less than 5 years; or 2) apply Article 13.3 of the "Trademark Law" if the litigious trademark has been registered for more than 5 years.

Article 15

Where a trademark agent, representative or a dealer, intermediary, or other agent, representative in the sense of sales agency relations, applies, without authorization, for the registration of a trademark identical with or similar to that of the party being represented, on the same or similar goods, the Court shall apply Article 15.1 of the "Trademark Law".

If during the stage of negotiation relating to the conclusion of an agency or representative relation, the agent or representative as provided in the preceding paragraph applies for the registration of the trademark of the party being represented, the Court shall apply Article 15.1 of the "Trademark Law".

Where a trademark applicant is kin to or has a specific personal status relationship with the agent or representative, based on which his trademark application action could be presumed to be the result of bad faith colluding with such agent or representative, the Court shall apply Article 15.1 of the "Trademark Law".

Article 16

The circumstances below may be recognised as falling under "other relations" as provided in Article 15.2 of the "Trademark Law".

 The trademark applicant is kin to the prior user;

  1. The trademark applicant has labour relations with the prior user;
  2. The trademark applicant is in the proximity of the prior user's business location;
  3. The trademark applicant and the prior user have negotiated for the conclusion of an agency or representative relation but such relation has not been concluded;
  4. The trademark applicant and the prior user have negotiated for the conclusion of contractual or business relation but such relation has not been concluded.

Article 17

Where the interested party of a geographic indication (GI) requests the disapproval of the registration of other's trademark or the invalidation of other's registered trademark based on Article 16 of the "Trademark Law", if the goods designated by the litigious trademark and by the GI are not identical, yet the interested party can still prove that the litigious trademark when being used on its designated goods may still mislead the public to believe that such goods originate from the place indicated by the GI, and thus has its specific quality, prestige or other features, the Court shall uphold such claim.

If such GI has been registered as a collective trademark or certification trademark, its owner or interested party thereof may claim protection of its right based on this Article, or Article 13 and Article 30 of the "Trademark Law".

Article 18

The prior rights as provided in Article 32 of the "Trademark Law" include the civil rights the party concerned enjoys before the application date of the litigious trademark or other legitimate rights and interests that should be protected. The prior right that has ceased to exist when the litigious trademark is approved for registration shall not affect its registration.

Article 19

Where the party concerned claims that the litigious trademark infringes his prior copyright, the Court shall examine in accordance with the provisions of the "Copyright Law": 1) whether the prior right claimed by the party concerned constitutes a work protected by copyright, 2) whether the party concerned is the copyright owner or an interested party eligible to claim prior copyright, and 3) whether the litigious trademark would infringe the copyright of the party concerned.

With respect to the signs that constitute copyrighted works, the design manuscript, original copy, contract vouchering the acquisition of rights, copyright registration certification prior to the application date of the litigious trademark, or other proof adduced by the party concerned that is pertinent to the said signs, may be allowed as preliminary evidence to prove the ownership over the copyright of the work.

Trademark gazettes and trademark registration certificates may be allowed as preliminary evidence to prove that the trademark applicant is entitled to claim his rights, as an interested party, over the copyright of the sign involved.

Article 20

Where a party concerned claims that the litigious trademark infringes his name right, if the relevant public believes that such trademark refers to this natural person and tends to believe that the goods to which such trademark is attached are authorized by or have certain association with such person, the Court may determine that the litigious trademark infringes the name right of this person.

Where a party concerned requests the protection of his right over his pseudonym, stage name, translation name, or other specific name, if such specific name has a certain reputation and has established a stable corresponding relation with the natural person so that the relevant public use such name to refer to that person, the Court shall uphold such claim.

Article 21

Where a trademark filed without authorization, is identical with or similar to the trade name of a party concerned that has certain reputation in the market, so that it is likely to cause confusion among the relevant public over the source of the goods, and the party concerned claims prior right based on this, the Court shall uphold such claim.

Where a party concerned bases his claim on the abbreviated form of his business name that has certain reputation in the market and has established stable corresponding relation with his business, the preceding paragraph shall apply.

Article 22

Where a party concerned claims that the litigious trademark infringes his copyright over a character image, the Court shall examine in accordance with Article 19 in the Provisions.

With respect to those works within copyright terms, if the title of a work or the name of a character in the work enjoys a high reputation, and its use as a trademark in respect of relevant goods is likely to mislead the relevant public to believe that such goods are authorized by or have certain associations with the copyright owner of the work, and the party concerned claims prior right based on this, the Court shall uphold such claim.

Article 23

Where a prior user claims that a trademark applicant filed an application for the pre-emptive registration by unfair means for a trademark which has been prior used by this party and has gained certain influence, if the Court finds that the prior used trademark has a certain influence and the said applicant definitely knows or should have known this prior trademark, the registration action may be presumed to constitute "pre-emptive registration by unfair means", unless the said applicant adduces evidence to prove that he has no bad faith in exploiting the business reputation of the prior used trademark.

Where a prior user adduces evidence to prove that the prior trademark has been continuously used for a certain period of time, or has certain geographical coverage, sales volume or advertisement, the Court may determine that such trademark has certain influence.

Where a prior user claims that a trademark applicant's action is in violation of the provisions of Article 32 of the "Trademark Law" because the trademark applied in respect of goods dissimilar to those designated by his prior used trademark with a certain influence, the Court shall not uphold such claim.

Article 24

With respect to those who disrupt the trademark registration order, harm the public interests, improperly exploit public resources or make illicit gains by using means other than fraud, the Court may determine that it falls under the "other unfair means" as provided in Article 44.1 of the "Trademark Law".

Article 25

The Court, when ruling whether the litigious trademark applicant registers other's well-known trademark in bad faith, shall determine the intent of the litigious trademark applicant by taking into account the reputation of the cited trademark, the applicant's reasons for filing the litigious trademark registration as well as the status of use of the litigious trademark. Where the cited trademark has a high reputation and the applicant has no proper cause to justify his application of the litigious trademark, the Court may presume that such registration constitutes "bad faith registration" as provided in Article 45.1 of the "Trademark Law".

Article 26

The use of a trademark either by its owner or by a licensee, or those trademark use that does not go against the will of its owner may be categorized as trademark use as provided in Article 49.2 of the "Trademark Law".

Where the mark that is actually being used has subtle difference(s) from the registered trademark, as long as the distinctive features of that trademark are not altered, such use may be deemed as use of the said registered trademark.

Where a registered trademark has not been put in actual use, the mere assignment or licensing act of such registered trademark, the publication of the trademark registration information or a declaration made to claim the exclusive right over such registered trademark does not qualify as trademark use.

Where the trademark owner has the real intention to use his trademark and has made necessary preparation for such use, but has not put such registered trademark into actual use due to objective causes, the Court may determine that the owner has a just cause.

Article 27

Where a party concerned claims that the TRAB has committed one of the acts mentioned below so as to "violate legal procedure" as provided in Article 70.3 of the "Administrative Procedure Law", the Court shall uphold its claim:

 Where the TRAB misses the argument raised by the party concerned, which may have substantial influence on his rights;

  1. Where the TRAB fails to notify the party concerned or the interested party the composition of the collegial panel, and due to such failure, certain member of the panel did not recuse himself/herself from the procedure, which the Court confirms;
  2. Where the TRAB fails to inform the competent party to join the review and adjudicating procedure, and such party raises objection to the TRAB;
  3. Other circumstances that violate the statutory procedure.

Article 28

Where during the Court's hearing of the trademark administrative case, the cause based on which the TRAB's decision on refusal of litigious trademark application, disapproval of litigious trademark registration or invalidation declaration of the litigious trademark no longer exists, the Court may revoke the TRAB's decision on the basis of new facts and order the TRAB to re-make its decision according to the changed facts.

Article 29

Where a party concerned files another application for review and adjudication based on new evidence discovered after the previous administrative act, or based on evidence that due to objective causes, was either unattainable during the previous administrative proceeding or was impossible to be produced during the prescribed time limit, or where such party files its application based on new legal grounds, this circumstance shall not be deemed as filing another application for review and adjudication on the basis of "the same facts and grounds".

During the review on trademark refusal procedure, where the TRAB finds that the applied trademark and the cited trademark do not constitute identical or similar trademark used on the same or similar goods and approves the preliminary publication of the applied trademark, the circumstances below shall not be deemed as filing another application for review and adjudication on the basis of "the same facts and grounds":

  1. Where the Trademark Office upholds an opposition filed by the owner of a cited trademark, or an interested party, and the opposed party applies for a review;
  2. Where an opposed trademark has been approved for registration and the owner of the cited trademark, or interested party, files an invalidation application.

Article 30

Where an administrative counterpart or an interested party brings an appeal against a decision of the TRAB that is based on an effective judgment of the Court in which the Court has made clear determination on the relevant facts and application of laws, the Court shall reject such appeal according to law, or dismiss the appeal in the event that the case has been put on docket.

Article 31

The Provisions shall come into force as of March 1, 2017. Court may refer to the Provisions when hearing the administrative cases involving the granting and affirmation of trademark rights in accordance with the 2001 version of the "Trademark Law".

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.