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Amendments to Trademark Laws

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Jul 09, 2020 (Newsletter Issue 11/20)
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Criteria on Determining Trademark Infringement Issued

On June 15, 2020, the China National Intellectual Property Administration (CNIPA) issued the Judging Criteria for Trademark Infringement (Criteria) to further implement the decisions and arrangements of the State Council on strengthening intellectual property protection, reinforce the PRC Trademark Law and the Implementation Regulations of the Trademark Law related enforcement through guidance, and unify the standards of law enforcement for the local authorities and People’s Courts. The Criteria took effect immediately.

The purpose of issuing the Criteria is to provide guidelines for the enforcement of trademark rights, to harmonise enforcement practice and to improve the protection of trademark exclusive rights.

Key aspects of the Criteria are as follows:
- Use of trademarks
- Identical and similar goods and services
- Identical and similar trademarks
- Likelihood of confusion
- Constitution of trademark infringement
- Seller’s liability exemption
- Other noticeable provisions

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