China’s new trademark law entered into force on 1 May 2014 and ushers in key changes in the areas of trademark registration, anti-piracy, well-known marks, proceedings and enforcement. This new law strengthens the position of trademark holders to act against infringement. And procedures will be shortened in time and carried out more efficiently. The new law is of great importance for companies that want to do business in China. However, there is much uncertainty amongst Chinese practitioners how the law will work in practice and what it will mean for the registration process. We will continue to monitor and report on developments.
China has long been criticised for being a safe harbour of counterfeit and trademark hijacking and for trademarks rights being violated on a large scale without repercussions. The rights of trademark holders will now be protected more effectively and efficiently. The new law is based on international standards, and De Brauw contributed to drafting the new law before the parliamentary committee in China. There are now substantial changes for rightsholders to strengthen their trademark protection and other new provisions, some of which are highlighted below.
