1 Min To Understand The Changes In The New Chinese Trademark Law

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Toby Mak

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
1) Introducing the concept of bad faith, which is now one of the grounds for the following:
China Intellectual Property

1) Introducing the concept of bad faith, which is now one of the grounds for the following:

  1. Rejecting a trademark application.
  2. Punishing trademark applicant and/or agent, including punishment by court due to starting litigation.
  3. Opposing a trademark application.
  4. Invalidating a registered trademark.

2) Perfecting remedies against trademark infringement as below:

  1. Increasing multiples of license fee to "1 to 5 times". [Note: from "1 to 3 times"]
  2. Increasing the cap of statutory damage RMB 5 million. [Note: from RMB 3 million]
  3. Trademark owner could request a court to destroy products that infringed a registered trademark, and materials and tools for manufacturing the infringing products.
  4. Products that infringed a registered trademark are not allowed to enter commercial channel merely after removing the infringing registered trademark.

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.

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