Trademark law in the People’s Republic of China
The Trademark Law of the People’s Republic of China, which was enacted on 23 August 1982 and amended just 20 years later upon China’s entry into the World Trade Organization, underwent some substantial revisions last August. Having reached the end of an amendment that lasted seven years, the revised Trademark Law shall come into force on 1 May 2014. The current legislation implements what is referred to as the Promotion Plan for the Implementation of the Intellectual Property National Strategy of 2013, which specifically demand for some important changes to be introduced into the Chinese Trademark Law.
More lengthy than its predecessor (made up of 73 articles compared with the previous 64), this 2013 law aims to tackle a number of problems, whose importance has emerged since the previous law was first applied.
Among the main innovations of this new law, there is the requirement to observe the principles of fairness and good faith when submitting an application for registration and when using trademarks (article 7). Designed to tackle fraudulent registration or bad-faith registration, this provision deals with an issue that foreign investors have been flagging up to the authorities for some time now, and one that, more recently, has also concerned local entrepreneurs…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
News from The Lawyer
Briefings from NCTM
Bankruptcy and liquidation trusts: under what conditions can they be recognised in the Italian legal system?
The Italian Supreme Court of Cassation has ruled that trusts can be recognised in Italy, when the settlor is insolvent, only if they are consistent with the purposes of the procedure.
A debtor in a concordato preventivo pre-filing regime can suspend but not terminate agreements pursuant to bankruptcy law
Can the Bankruptcy Court authorise the debtor to terminate credit facility agreements when the debtor submitted a pre-filing for concordato preventivo?
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms