Intellectual Property


The State Administration for Industry and Commerce (SAIC) issued an opinion paper on the implementation of China's mid- and long-term trademark strategy on 3 June. According to this strategy, China will set up an interest litigation coordination mechanism to deal with the preemptive registration of Chinese trademarks abroad. It will also shorten the time needed for application for trademark registration from 36 months to less than 12 months. 

According to SAIC, China will implement its trademark strategy in three stages. The aim is to reach an internationally advanced level in trademark registration, use, protection and management by 2020. 

On the preemptive registration of well-known Chinese trademarks abroad, SAIC disclosed that it is considering "establishing an interest litigation coordination mechanism for Chinese trademarks abroad" and will encourage enterprises to tackle overseas trademark disputes and resort to local laws as well as international rules to check preemptive trademark registration and trademark infringement and passing off. Efforts will also be made to straighten the channels for infringement complaints and aid through such means as trademark cooperation and negotiations between trademark authorities to protect the legitimate trademark rights of Chinese enterprises abroad. 

China is also stepping up the revision of its Trademark Law to shorten the time needed for trademark registration from 36 months to less than 12 months to prevent malicious trademark applications and abuse. Provisions will also be made for the establishment of credit records and ratings for trademark agents.

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