Policies & Regulations
China IP,[Trademark]
1.SAIC: Enhance the Protection Strength for the Exclusive Rights of Trademarks Continuously
According to the SAIC in January 2015, the market supervision in 2015 shall attach great significance to the following four aspects, namely protection for the exclusive rights of trademarks, anti-monopoly and antiunfair competition, network market, credit supervision and management.To enhance the protection for the exclusive rights of trademarks, the SAIC shall concentrate on the trademarks with higher popularity, geographical indication and trademarks registered by foreign owners so as to enlarge the strength of investigation and punishment of trademark cases; with regard to anti-monopoly and antiunfair competition, it is essential to enhance the law enforcement against monopoly agreements and abuse of market dominant position, take medical and mechanical fields as the emphasis, investigate and punish any act infringing on trade secrets; with regard to the supervision and management of network market, the illegal act of utilizing network for the selling, pyramid selling and release of false advertisement shall be strictly investigated and treated, and the liabilities attributable to unlawful websites shall be investigated according to law; with regard to credit supervision, those systems as publicity of enterprise information, directory of operation abnormity and list of seriously illegal enterprises shall be implemented in a severe manner. Moreover, the SAIC also highlights that it is essential to promote the reform of trademark examination system continuously, enlarge the scope of online application gradually, carry forward the transparency of trademark appraisal, improve the efficiency of trademark examination and appraisal, and deliver convenience to trademark registration.In addition, deepen the propulsion of trademark strategies, guide enterprises to form trademark awareness and concept of brand value, and endeavor to propel the development of brand economy.
2.The SAIC Carried Out the Special Campaigns to Protect the Exclusive Rights of “Disney” Registered Trademark
On October 19, 2015 , the SAIC released the Notice on the Special Campaigns Carried out to Protecting the Exclusive Rights of “Disney” Registered Trademark, according to which the act for the purpose of protecting the “Di sney” trademark shall be carried out nationwide. The SAIC and the Shanghai Administration for Industry & Commerce have formulated concrete suggestions for implementation, including the completion of investigation and pre-compliance as well as the thorough arrangement of information concerning “Disney” trademark rights by the end of this month, targeted centralized renovation and specific projects prior to the opening of Disney World, and enhancement of law enforcement examination oriented at key commodities and regions in the daily supervision set for the next year
3.Reducing the Charge of Trademark Registration Fee
In September 2015, the National Development and Reform Commission and the Ministry of Finance released the Notice on Lowering Administrative Service Fees as Handling Charge of Property Transfer and Acceptance Charge of Trademark Registration, according to which some administrative service fees shall be lowered and the time limit for reduction and remittance of patent annual fees shall be extended. Following the requirement，from October 15 of 2015, trademark registration fee would be reduced from current RMB800 yuan to RMB600. (It is limited to 10 goods. For goods more than 10 items, RMB60 would be charged for one additional goods.)
4. WIPO Intends to Accept Registration of International Trademarks with Chinese Characters
According to WIPO on March 5, 2015, WIPO would revise system and allow the registration of international trademarks with Chinese characters and Japanese hiragana. Along with the economic development of each country in Asia, the WIPO considers that it’s difficult to protect the brands of Asia, etc. if only allowing the registration of international trademarks with letters in western languages.
The director general of WIPO Francis Gurry disclosed the abovementioned news when accepting the interview of Japanese Economic News. Gurry said, “This reform will be promoted in the upcoming 5 years for cooperating with the rise of Asian economy”.The WIPO consists of 188 member countries. The proposal on expanding the characters for trademark registration to Chinese characters has been approved by member countries from Asia and Middle East, etc., and it’s expected that the system would be changed in Autumn 2015 at the earliest. Here before, trademarks not registered with letters of western languages could not obtain international protection
5. The SAIC and Nepal Executed the Memorandum of Understanding on Trademark Registration and Protection.
Witnessed by Premier Li Keqiang and Nepal’s Prime Minister Oli, Zhang Mao, the Secretary of the SAIC and Bishnu Poudel, the government representative of Nepal executed the Memorandum of Understanding between the State Administration for Industry & Commerce of the PRC and the Ministry of Industry of Nepal in Beijing on March 21, 2016.
The memorandum of understanding executed this time ranks to be the first cooperation document between the SAIC and a government department of South Asian countries, which can enhance the cooperation with Nepal in the IP field, promote the increase of Sino-Nepal goods and service trades, accelerate the development of Sino-Nepal economic and trade relation and even that between China and the South Asia, and serve China’s “One Belt and One Road” strategy; exchange laws, provisions and other normative documents concerning methods and procedures for trademark registration and protection; organize and carry out regular communication on capacity building activities; exchange the information and best practices for the management and office automation of IP organizations; cooperate to carry out activities; carry out education activities for trademark proprietors in their countries respectively; exchange the information and best practices concerning trademark in the financial service sector
6.The SAIC Deployed Special Renovation in the Automobile Market
On August 7, 2015, the SAIC released a notice on special renovation to be carried out in the automobile market, according to which special attention shall be paid to renovate five illegal behaviors in the automobile party. From August 2015 to December 2015, industry and commerce departments at all levels and market regulators shall carry out special renovation in the automobile market nationwide, orient at the emphasis of consumer complaints, focuses of media attention and hot spots concerned by the society, and concentrate on the following five illegal behaviors: infringing on consumers’ rights and interests, making false or misleading advertising, involving in commercial bribe, encroaching on the exclusive right of registered trademarks and preparing illegal contractual provisions.Industry and commerce departments, and departments responsible for market inspection and management in different regions shall attach great significance to the function of enterprise credit SAIC Met with the Visiting Under Secretary of Commerce of US and Director of USPTO Ms. Michelle K. Lee information publicity system, and apply such measures as information publicity and information sharing to enhance the credit supervision and management of subjects in the automobile market.Simultaneously, it is essential to strengthen centralized leadership, organization and coordination, stick to the combination of renovation and standardization, pay attention to propaganda and public opinion guidance, and summarize work experience unremittingly.
7. Backlogs of Trademark Registration Certificates Would be Issued Before the End of May, 2016
SAIC paid high attentions on the report on trademark registration certificates by some media on April 7, 2016, and immediately investigated and rectified. Due to the cumbersome procedures in procurement, and the blocked communication among departments, the issue of Trademark Registration Certificate is delayed. SAIC would l i k e to apologize for a l l the inconvenience. Currently, the paper for certificates is in place. Trademark registration certificates have been printed since March 28 and would all be issued to all registrants before the end of May. SAIC would like to sum up experience and lessons, to optimize procedures and to improve efficiency to completely prohibit similar problems.
8. SAIC Met with the Visiting Under Secretary of Commerce of US and Director of USPTO Ms. Michelle K. Lee
On May 26, 2015, Liu Junchen, vice minister of SAIC met with the visiting under secretary of Commerce for Intellectual Property and director of the United States Patent and Trademark Office (USPTO) Ms. Michelle K. Lee. Liu Junchen expressed to focus on its functions, to constantly improve trademark administration and management level, to strengthen bilateral communication and cooperation and to promote bilateral economic development.
During the meeting, both sides also made deep discussions in cracking down infringements and counterfeits in internet, trade secret protection, relations between IP and competition, and other common concerns.
9,。Making Efforts in Trademark and Brand Building to Promote the Development in Silk Road Economic Zone
On May 22, 2015, Liu Junchen, vice minister of SAIC went to Xi’an for the 19th Investment and Trade Forum for Cooperation between East and West China (ITFCEW) and the Silk Road International Expo. Liu Junchen expressed at the meeting required to establish brand awareness, pay high attentions on trademark building to economic development, root in realities, take the historical opportunity of One Belt and One Road and discuss new method for trademark and brand buildings.
10. The Trademark Office Released the Notice on Collection of the “Trademark Digital Certificate”
In December 2015, the Trademark Office of the SAIC released the notice on collection of the “Trademark Digital Certificate” for trademark agencies. The trademark agencies already submitting the application materials of “Trademark Digital Certificate” and proved as qualified upon examination shall be entitled to collect the “Trademark Digital Certificate” since the release date of such Notice. In the meantime, the list of trademark agencies proved as qualified and available to collect the 30th batch of “Trademark Digital Certificate” shall be published. On collection of the “Trademark Digital Certificate”, the following three materials shall be submitted, namely introduction letter on collection of the “Trademark Digital Certificate” produced by an agency, the original and copy of the receiver’s ID Card, the copy (duplicate) of the agency’s business license.
11.The Interim Procedures on the List Administration of Seriously Illegal and Unreliable Enterprises Issued in Beijing
The Interim Procedures on the List Administration of Seriously Illegal and Unreliable Enterprises was issued by the SAIC in Beijing on December 30, 2015. It has been implemented since April 1, 2016, according to which an enterprise involved in one of the following circumstances shall be listed into the seriously illegal and unreliable enterprises for administration: listed into the directory of operation abnormity for three years and failing to perform relevant obligations upon expiration; obtaining alteration or cancellation registration by submitting false materials or taking other fraudulent means to conceal facts, and then having registration cancelled; accepting more than three times of administrative penalty within two years for organizing and plotting pyramid selling or providing convenient conditions for pyramid selling; accepting more than three times of administrative penalty within two years for unlawful direct selling; accepting more than three times of administrative penalty within two years for unfair competition; accepting more than three times of administrative penalty within two years for illegal act causing personal injury and seriously infringing on the rights and interests of consumers as providing goods and services unavailable to guarantee personal and property security; accepting more than three times of administrative penalty within two years for releasing false advertisement, or releasing false advertisement concerning goods and services relating to the life health of consumers, causing personal injury or other severely adverse social influence; accepting more than two times of administrative penalty within five years for trademark infringement; prevented from accepting trademark agency business; other circumstances violating laws and administrative provisions concerning industrial and commercial administration with serious plots regulated by the SAIC.
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