Trademark Law updates
China has new rules on trademark that came in force on 1 January 2022, which the rules are intended to strengthen the detection of illegal trademark acts and stricter requirements on manufacturers on trademark use.
The China National Intellectual Property Administration (“CNIPA”) published new regulations for trademark use in China on 13 December 2021. The aim is to strengthen the protection of intellectual property rights. The new rules have now been adopted and will apply from 1 January 2022. Intellectual property offices in all provinces in China are required to adhere to these criteria from now on.
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Guidelines for IP Protection at Exhibitions
On July 2022, the China National Intellectual Property Administration (“CNIPA”) published guidelines that allow for setting up workstations at an exhibition to accept IP infringement complaints, provide judgement options, transfer evidence to relevant law enforcement departments etc. These help to improve IP protection at exhibition and trade fairs. The IP management department of where the exhibition/ trade fair is held may, in conjunction with relevant departments, guide the organizers to set up workstations in accordance with the relevant provisions of the Sate and actual needs.
In addition, the complaint of infringement will be confirmed via legal documents under two circumstances:-
1. If a respondent does not reply to a complaint within 24 hours of receipt; or
2. The respondent admits to the infringement.
In that case, the exhibition organizers are allowed to take actions such as removing the exhibitor’s display. These guidelines are applied to both online and in-person exhibitions and trade fairs.
Measures to Improve e-Services of CNIPA
Starting from 5 September 2022, the China National Intellectual Property Administration (“CNIPA”) has issued a notice to further strengthen digitization of trademark reviews, that all rejection appeal cases will be fully moved online. From 1 November 2022, trademark agencies should submit electronic applications through the online trademark rejection appeal system, and paper applications is no longer required.
CNIPA has published a series of measures to improve electronic services and facilitate trademark registration on 20 September 2022. These include optimizing the file upload function, formulating and issuing guidelines for making requests and responding to Office Actions online, as well as organizing a series of training courses to educate trademark representatives on how to use the system.