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Amendments to Trademark Laws

Jan 30, 2018 (Newsletter Issue 2/18)
China
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Anti-Unfair Competition Law Amended

On November 4, 2017, the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China passed an amendment to the Anti-Unfair Competition Law of the People’s Republic of China (“Anti-Unfair Competition Law”), which came into effect on January 1, 2018.

This is the first major amendment to the Anti-Unfair Competition Law since its implementation in 1993, and it will have a significant impact on businesses in China.

The amendment provides greater clarity about judging principles on an unfair competition activity and emphasizes the need to protect the public interest, as well as the interests of businesses and consumers.

With respect to trademarks the Law alters Article 5 to remove duplication with the Trademark Law by deleting the reference to “feigning of others’ registered trademarks” in Article 5(1). Consistently, the amendment also removes Article 5(4), which prohibited making misleading or deceptive representations about the origin or quality of goods, and the use of false documentation (e.g. certificates of attestation, qualification, quality or origin) to mislead others.

The amendment also expands the definition of ‘protected commercial marks’ to include the name, packaging, domain name, and website name used for a particular product. The expanded scope of this definition will facilitate greater effectiveness in regulating anti-competitive conduct online.

For further information, please check here

Source: King & Wood Mallesons, China