The CNIPA has recently issued a draft amendment to the Trade Mark Law for public comment. As bad faith trade mark squatters continue to plague the China trade mark registration system, China will up the ante in the fight against malicious filers. It is crucial for international brands to be aware of these proposed changes, as they will have significant impact on brand owners' trade mark portfolio management and enforcement strategies if passed in their current form.
These changes are intended to positively impact the integrity of the trade mark registration system. New changes include an obligation on registrants to demonstrate use of their trade mark every five years, as the CNIPA aims to clear up 'dead wood' from the trade mark register. The jury is out on whether these new measures will, in the long run, save brand owners significant resources or add to the burden of maintaining a database of evidence to prove use of their registered marks.
From an enforcement perspective, the draft amendments further specify the procedure of how administrative, arbitration, civil and criminal enforcement actions can be transferred or supplemented to each other, and the precondition for instigating public interest litigation.
This panel includingRachel Tan (Global Head of Trade Marks, Rouse), Amanda Yang(Principal, Rouse) andCarol Wang(Principal & Head of Shanghai Litigation Group, Lusheng Law Firm - a strategic partner of Rouse) will discuss the potential impact of the amendments, the feedback received from brand owners and practitioners, and suggestions on the way forward.
Please register below to join the webinar hosted byRouse and Lusheng Law Firm (a strategic partner of Rouse) to learn more. We look forward to you joining us.
Date
Thursday, March 23rd, 2023
Time
16:00 - 17:00 UTC