ARTICLE
14 September 2023

Two CNIPA Announcements On 8 Sep 2023 Related To Trademark And Punitive Damage

TM
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.
Suggestion to introduce use requirement in trademark applications in the reply to no. 1702 suggestion from the National People's Congress
China Intellectual Property
To print this article, all you need is to be registered or login on Mondaq.com.

Suggestion to introduce use requirement in trademark applications in the reply to no. 1702 suggestion from the National People's Congress

https://lnkd.in/gJEwnBsc

This reply includes various aspects including monetarization of IP via securitization financing, introduction of good faith principles in the patent law, continue cracking down on abnormal patent applications, and so on.

Two eye-catching ones are as below:

  1. Introducing use requirement in trademark applications. Would this work in a similar as that in the US? In any event, this looks like the future trend.
  2. Abnormal patent applicants, and trademark squatters would be put into the national creditability databases (not the good ones), including the "List of Dishonest Enterprises Committing Grave Illegalities".

Reply to suggestion to increase punitive damages to 20 times in no. 6575 suggestion from the 14th National People's Congress

https://lnkd.in/gxqZDj6H

According to my reading, the reply is "no", by saying the People's Supreme Court already has relevant guidelines, the draft trademark law already has relevant provisions, dishonest entities would be put into the national creditability databases (not the good ones), including the "List of Dishonest Enterprises Committing Grave Illegalities", and so on. A nice diplomatic reply in my view.

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.

ARTICLE
14 September 2023

Two CNIPA Announcements On 8 Sep 2023 Related To Trademark And Punitive Damage

China Intellectual Property
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.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More