Search terms: Intellectual Property, China
Under Chinese law, well-known trademarks receive special legal protection. However, a brand owner cannot unilaterally apply for a declaration that a trademark is well known under Chinese law. Such a determination can be made only in the context of administrative or judicial proceedings. An official interpretation aims to resolve the uncertainty surrounding well-known trademarks in China.
The Japanese Ministry of Trade, Economy and Industry and China's State Administration for Industry and Commerce have signed a memorandum of understanding on IP protection. Closer links are intended to foster joint efforts in areas such as trademark registration systems, the policing of counterfeit products and the prevention of unfair competition.
Legal measures are a key element of IP rights protection, but more is needed to keep a company's safeguards watertight. Businesses must take a holistic approach in developing a rights strategy that includes operational protocols and procedures, both internally and across the relevant supply chain and distribution network.
New guidelines from the Supreme People's Court include the announcement of its intention to establish special unified tribunals for IP rights disputes and a unified IP appellate court. They also encourage courts to use their powers to grant interim remedies and make substantial damages awards, confiscatory orders and other remedial measures.
The most recent revisions to the People's Republic of China (PRC) Patent Law were passed to bring the law further into line with international standards and other PRC regulations. The recent revisions are also part of a national strategy to assist Chinese companies move towards greater innovation and to strengthen China's legislative and enforcement framework for the protection of IP rights.
The Supreme People’s Court has issued for public consultation a new draft of the Interpretation of Several Issues Regarding Application of Laws in Recognition and Protection of Well-Known Trademarks in Trademark-Related Civil Disputes for public consultation. It aims to set the criteria for the recognition of well-known trademarks and to standardize the remedies available for trademark owners.