Legislation roundup: Trademark, trade secrets and law firms

April 25, 2019 | BY

Susan Mok

Trademark Law is revised adding bad faith registration provisions, the scope of trade secret infringement is broadened and Chinese law firms are required to carry out record filing for overseas expansion.

Intellectual Property

PRC Trademark Law (4th Revision)

中华人民共和国商标法 (第四次修正)

Where an application for the registration of a trademark is made in bad faith, administrative penalties such as a warning or fine shall be imposed depending on the circumstances. Where trademark litigation is instituted in bad faith, the people's court shall impose penalties in accordance with the law.

See the full translation.

Further reading

PRC Trademark Law (3rd Revision)

Several Provisions for Regulating the Application for the Registration of Trademarks (Draft for Comments)

Is China Winning the Battle Against IP Violations?

Competition

PRC Anti-unfair Competition Law (2nd Revision)

中华人民共和国反不正当竞争法 (第二次修订)

The revised Law adds the following as infringements of trade secrets:

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  • obtaining the trade secrets of the rights holder through electronic hacking; and
  • inciting, inducing or assisting another to breach an obligation of confidentiality or breach the requirements of the rights holder in respect of maintaining the confidentiality of its trade secrets to obtain, disclose or use, or permit another to use, the rights holder's trade secrets.
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See the full translation.

Further reading

PRC Anti-unfair Competition Law (Revised)

New Amendments to the PRC Anti-unfair Competition Law Enlarge the Definition of Commercial Bribery

Law Firms

Ministry of Justice, Circular on the Establishment of a System for the Record Filing of the Establishment of Branches Abroad by Law Firms (Draft for Comments)

司法部关于建立律师事务所在境外设立分支机构备案制度的通知 (征求意见稿)

A law firm wishing to establish a branch abroad shall carry out record filing with the justice department (bureau) of the province, autonomous region or municipality directly under the central government.

See the digest for more details.

Further reading

Shanghai Municipality, Implementing Measures for Associations Between Chinese and Foreign Law Firms in the China (Shanghai) Pilot Free Trade Zone

Circular on Expanding the Geographical Scope of Partnership Associations Between Mainland Law Firms and Law Firms of the Hong Kong and Macao Special Administrative Regions

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