The State Intellectual Property Office (CNIPA) promoted the revision of the Trademark Law of the People’s Republic of China and on January 13, 2023, issued the Amendment to the Trademark Law (Draft for Comments), which is now open for comments.Specific opinions on the revision and improvement of the Draft for Comments must be submitted before February 27, 2023.
The main points of the revision of the “Trademark Law” are as follows: (1) Delete the current trademark law’s provision that the civil liability for counterfeit labels requires that the actor must “knowledge” to constitute an infringement, and return to the general civil liability for damages based on “intention” or “negligence”. (2) Penalties for acts such as counterfeiting trademarks or collective trademark labels will be added, and criminal penalties will be imposed on importing counterfeit trademark labels, packaging, etc.
A bipartisan, bicameral legislation that modernises the US trademark system has been introduced in the House of Representatives. Examining the act, one legal expert has warned that it has the potential to cost brand owners significant time and money.