The China National
Intellectual Property
Administration (CNIPA) kick-started 2023 by publishing its draft for the 5th amendment to
the Chinese Trademark Law (the “Draft Amendment”)
on 13th January 2023. The proposed amendments, if implemented, would amount to an overhaul of the Chinese
Trademark Law, reflecting the CNIPA’s goal to
combat bad faith filings and trademark hoarding.
While we welcome
some of the proposed amendments, for example the introduction of compulsory transfer
of bad faith trademarks and civil remedies
against trademark squatters, some may affect brand owners and hence impact brand protection and management strategies in China. Notably,
the Draft Amendment
seeks to introduce a new requirement for statements of use
mirroring the US practice. In this
webinar, we explained the key
proposed changes which may have significant impact on the trademark landscape
in China and share our insights
on how brand owners may get prepared
for the overhaul.
The webinar covered the following topics:
· Get to Know Your New Weapon:
Compulsory Transfer of Bad Faith Trademarks
· New Provisions, Penalties and Civil Remedies to Combat Trademark
Squatting
· Statement of Use Requirements: What to Expect
and How to Get Prepared
· A Ban on Trademark Re-filings?
· Streamlining of Opposition Procedures
· Other Notable
Proposed Changes
If you have any questions or concerns on the Draft Amendment, please let us know
and we are happy to discuss.
About
Us
Vivien Chan & Co. is a full-service law practice with offices in
Hong Kong (1985) and Beijing (1993). We are consistently recognized as a premier law firm for and in Greater China. With over 35 years of doing business in Greater
China, our Hong Kong and China teams have an in-depth understanding and knowledge
of the legal culture and market dynamics.
Our long-established licensed
law offices in Greater China have allowed
us to develop deep local
roots and an integrated global
perspective necessary to help
domestic businesses and multinational
companies alike seamlessly manage even the most complex local and cross border transactions.
We have advised on some of the most
significant acquisitions, arbitrations, real estate projects and intellectual property enforcement to
date. This is particularly evident
from our leading position in areas such as intellectual property, tax, employment, mergers &
acquisitions and dispute resolution. Our ability to collaborate across practices and borders with ease allows us to bring the right team to every transaction, regardless of location.
