Policies and Regulations

Chapter 8 Trademark Legislation

Updated: 2010-04-22 10:46

In 2009, CTMO，according to the plans made in the National Conference of the Administration of Industry and Commerce, closely associated with the implementation of the Outline, and actively drew up or revised Law, rules and administrative regulations. It also responded to administrative litigation cases strictly according to law. Therefore, new progresses were made in legal affairs. 1. New progress made in revising Trademark Law

1-1. Proceed the revision of the Trademark Law steadily, in order to provide adequate legal assurance for the implementation of the trademark strategy. Guided by Minister Zhou Bohua and commanded by Vice-Minister Fu Shuangjian, and supported by other Departments of the SAIC, the third revision of the Trademark Law started in 2003. Mr. Zhou said on February 2, 2009 that the revision of Trademark Law must conform to the conditions of China as well as comply with international practices and advanced standard. Based on the instruction, the revision objective was set up: “simplifying and perfecting trademark registration procedure, enforcing protection of trademark exclusive rights and Geographical Indications, regulating well-known trademark determination and protection, and supervising trademark agents，providing better service to trademark applicants. and try to line up the Trademark Law with international standard”.

Based on the instruction of “to legislate with an open door, and draw support from outside” given by Vice Minister Shuangjian, CTMO invited experts and scholars in IP field in March 2009 to expound and prove a few controversial hot issues, and invite them to compose demonstration report. In May, directed by the Department of Law, two forums were organized by the CTMO, together with TRAB and China Trademark Association to seek comments and suggestions from trademark agents, enterprises representatives, related local AICs, court system, and scholars. And the revised draftof Trademark Law for hearing suggestions thus came into being.

The opinion soliciting meeting on “Manuscript for Review on the Trademark Law Revisions (draft)” was held in Nanjing.

CTMO then sent the draft to 105 ministries and commissions, trademark agents, experts and scholars, enterprises representatives, concerned national trademark administrative offices, and chamber of commerce and associations to get their comments during June and August. Mr. Zhou Bohua personally sent a letter to Francis Gurry, Director General of WIPO, to ask for his opinion. In the process, over 200 comments were collected, involving 59 articles in the draft. CTMO summarized and carefully studied these comments, and revised the draft to form the Revised Trademark Law (for approval). It was approved by the minister meeting of the SAIC on November 10, and then submitted to the Office of Legislative Affairs of the State Council on November 18.

Meanwhile, revision and drafting of supporting rules and regulations, such as the Regulation for the Implementation of the Trademark Law, was also in progress.

1-2. Actively driving the legislative process of the Regulations for Trademark Agents

In 2009, SAIC listed the Regulations for Trademark Agents into the legislation plan. Based on careful research and demonstration, as well as active communication with the Office of Legislative Affairs of the State Council, draft of the regulation was finished. Currently, legislating of the Regulations for Trademark Agents is in orderly progress.

Targeting new problems arose in trademark agent industry, as well as the situation that powerful control was urgently needed, SAIC worked out the Administration Rules for Trademark Agents, which was officially published on November 11. It’s helpful to maintain orders in trademark agent industry, and protect legal rights of both the client and the trademark agencies.