China IPR

Trademark Law Implementing Regulations Open for Public Comment by SCLAO

Since the Trademark Law was passed last year, the State Administration for Industry and Commerce had solicited comments from trademark agents, experts and other third parties in August and September 2013, and more recently from the full range of affected Chinese government agencies and local governments.  

SAIC has now delivered a draft of the revised Trademark Law Implementing Regulations to the State Council Legislative Affairs Office, which has made a  draft and comments on the draft  available on line in Chinese.   According to the proposed calendar, the final Implementing Regulations will go into effect the same date as the revised Trademark Law (May 1, 2014).   

There is much in the draft that merits further study, including provisions dealing with sound marks, trademark examination, regulation of trademark agents, and third party liability for trademark infringement.   Comments are due by February 10, 2014.

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