Legislation roundup: Trademark Law and examination and approvals in the Shanghai Free Trade Zone
September 06, 2013 | BY
clpstaff &clp articles &The Standing Committee of the National People's Congress has promulgated the third amendment to the Trademark Law and a Decision authorising the State Council to remove some of the approval procedures for the Shanghai Free Trade Zone
Intellectual property
PRC Trademark Law (3rd Revision)
The current revision further clarifies the meaning of “well-known trademark” – that it is a “trademark with which the relevant public is familiar”, and prohibits producers and business operators from using the words “well-known trademark” on goods or the packaging or container for such goods, or in advertising, publicity, exhibitions or other commercial activities.
Additionally, it intensifies the crackdown on bad-faith registration, prohibiting the bad-faith registration of a trademark of another that is clearly known, due to business dealings or other such relationship, to have already been used.
The problem of lengthy trademark registration is also addressed. According to the new revision, the time limit for a trademark examination by the Trademark Office for a registration application is nine months; and that for an examination decision on an opposition application is 12 months. The time limit for a review by the Trademark Review and Adjudication Board of a decision by the Trademark Office to dismiss an application and refuse gazetting is 9 months, and that for a review of a decision by the Trademark Office holding that an opposition is tenable and refusing to grant registration is 12 months.
See the full translation .
Further reading
Seven years and still not right – New draft of Trademark Law fails to impress, May/Jan 2013
PRC Trademark Law (2nd Revision), Dec/Jan 2011
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Free Trade Zone
Standing Committee of the National People's Congress, Decision on Authorising the State Council to Provisionally Adjust the Administrative Examination and Approval Specified in Relevant Laws in the China (Shanghai) Pilot Free Trade Zone
The Decision authorises the State Council to provisionally change the administrative examination and approval relating to foreign investment, except where the state specifies the implementation of special administrative measures for access, to administration by way of record filing in the Shanghai Free Trade Zone established on the basis of the Shanghai Waigaoqiao Free Trade Zone, Shanghai Waigaoqiao Bonded Logistics Zone, Yangshan Free Trade Port Area and Shanghai Pudong Airport Free Trade Zone, including:
– establishment of wholly foreign-owned enterprises;
– division or merger of wholly foreign-owned enterprises or other changes in their material matters;
– term of operation of wholly foreign-owned enterprises; and
– establishment of Sino-foreign equity and cooperative joint ventures
The adjustments in administrative approvals will be implemented on a trial basis for three years, and where practice proves feasibility, the relevant laws will be amended and improved. If practice indicates that the adjustment is not suitable, implementation of the relevant laws shall be restored.
See the digest for more details.
Further reading
PRC Wholly Foreign-owned Enterprise Law (Revised), Dec/Jan 2000
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