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INTA Committee Conducts Survey on Implementation of China’s Trademark Law

13-Sep-2020 | Source : AG-IP News | Visits : 104

NEW YORK - INTA’s Trademark Office Practices Committee, China Subcommittee is calling on the Association’s global membership to participate in a survey covering the implementation of the revised Trademark Law in China, according to the official website of INTA.

The survey results will provide INTA with an understanding of the current situation encountered by trademark practitioners regarding intellectual property (IP) rights protection in China and guide the Association in its advocacy work on future revisions of China’s Trademark Law.

Since the revised Trademark Law came into force nearly a year ago, in November 2019, the China National Intellectual Property Administration (CNIPA) has continued to speed up the examination process, and improve transparency and easy access by publicizing opposition decisions and promoting online filing in various proceedings.

China has seen a staggering rise in trademark applications in recent years―from contributing 31 percent of the world’s filings in 2010 to more than 70 percent in 2019. The economy has been far more resilient to the COVID-19 pandemic than expected; so far this year, more than 4.28 million trademark applications were filed in China.

While these trends offer some optimism, it remains to be seen if these developments signal a new dawn for international companies fighting bad-faith applications and rampant IP infringements in China, as these issues remain the most common problems―affecting brand owners of all sizes in every industry sector globally.

Against this backdrop, INTA’s Trademark Office Practices Committee, China Subcommittee, is conducting an anonymous survey of members to evaluate whether the fourth revision of the law has had an impact on the pace and shape of IP rights protection in China. The majority of the survey asks respondents to rate the impact of amended provisions and clarify quantitative measures. The survey is divided into four parts:

1. Unauthorized, pre-emptive bad-faith applications based on relative grounds;
2. Stockpiling applications based on absolute grounds;
3. Expanded scope of enforcement against trademark infringements and rising damages awards, including punitive damages; and
4. Regulating trademark agencies’ enhanced work ethics practice.

 

The Subcommittee is asking members worldwide to complete the survey by October 31. Once the survey responses are in, as a next step, the Subcommittee will undertake an in-depth analysis and compile the results into a report. The final report will help guide the Association’s advocacy efforts. It also will be submitted to the CNIPA during INTA’s upcoming 2020 Annual Meeting & Leadership Meeting.

In other news related to China, in the first half of 2020, INTA submitted comments on 11 consultations ranging from the Criteria for Determination of Trademark Infringement to Guidance on the Generic Names in the Protection of Geographical Indications.

In addition, at the 2020 Annual Meeting & Leadership Meeting, the Association will be offering an educational track conducted in Mandarin. The sessions include the “Bad-Faith Workshop: From Defenses to Damages,” which will be offered in a time zone convenient for Asian participants. The workshop will present an important opportunity to share the latest developments in China’s judiciary and administrative authorities, and for registrants to walk away with valuable tips on identifying, implementing, and budgeting for your organization’s IP protection strategy.

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