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Amendments to Trademark Laws

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Nov 01, 2023 (Newsletter Issue 8/23)
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Apostille Convention to Enter into Force

On Nov. 7, 2023, the Apostille Convention will come into force in China. China acceded to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (known as “the Apostille Convention”) on March 8, 2023. So far, there are 125 contracting Parties of the Apostille Convention.

As China’s accession to the Apostille Convention, the once costly and time-consuming legalization process will be much simplified. From Nov. 7, a foreign public document with an Apostille certificate can be used in China without further diplomatic or consular legalization, and vice versa. In view of usual practice, the various notarized documents, e.g. Power of Attorney and proof of identity which are most frequently used in litigation matters of patent and trademark, will be recognized by China’s authorities with simply an Apostille certificate provided. With this option being available, companies and individuals, both domestic and abroad, will surely benefit from its convenience.

China’s competent authorities to issue the Apostille will be Ministry of Foreign Affairs and the Foreign Affairs Offices at provincial and municipal levels.