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.
