ARTICLE
3 January 2020

CNIPA Invites Comments On Criteria For Determining Trademark Infringement

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AFD China

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AFD China Intellectual Property Law Office offers full-range IP services, including but not limited to filing/registration, strategy, transaction, asset management, dispute resolution, and litigation. We are an accredited AAAAA-level (top tier) patent firm, a Council Member firmĀ of the China Trademark Association, and a recommended IP service provider for SMEs.
The Draft puts market owners, exhibition organizers, sales counter landlords and e-commerce platforms on the chopping block if they are negligent in performing their oversight duty.
China Intellectual Property

On December 18, the China National Intellectual Property Administration (CNIPA) published the Criteria for Determining Trademark Infringement (for comment) to invite public comments.

The Draft puts market owners, exhibition organizers, sales counter landlords and e-commerce platforms on the chopping block if they are negligent in performing their oversight duty. If they know or shall have known the respective businesses in their markets, exhibitors, counter tenants, businesses on the platforms infringe trademarks and fail to stop such acts; or they have no knowledge of the infringing acts, but fails to stop such acts after being reminded by trademark enforcement agencies, their non-performance will be deemed as trademark infringing acts under Paragraph 6, Article 57 of the Trademark Law.

Public are invited to submit their comments via email, fax and letters prior to January 18, 2020.

http://english.cnipa.gov.cn/news/officialinformation/114877.htm

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