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.


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