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Amendments to Trademark Laws

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Aug 06, 2020 (Newsletter Issue 13/20)
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New Civil Code to Help Protect IP

On May 28, 2020, the Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the People’s Republic of China”. This law will come into effect on January 1, 2021. The new code is a codification of civil statutes and comprises 1,260 articles, more than 50 of them related to intellectual property.

The IP spectrum includes copyright works, patented inventions, utility models and industrial designs as well as trademarks, geographical indications, trade secrets, integrated circuit designs, and new plant varieties.

Targeting severe IP infringements is included in Article 1185 and aligns with the newly amended trademark law that provides for increased punitive damages. Article 63 of the trademark law, as amended in November 2019, increased punitive damages from up to treble to up to quintuple assessed damages when infringement is committed in bad faith and the circumstance is serious.

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