The Compensation Standard For Trademark Infringement Will Be Raised To 1 Million.

The Legislative Affairs Office of the State Council promulgated the draft amendments to the trademark law in September 2nd and solicited opinions from all sectors of society.

Why do we need to make amendments to the trademark law? What are the amendments to the existing trademark law?

Modify according to their own development needs

After the trademark law was promulgated in 1983, the law was amended two times in 1993 and 2001.

Li Shunde, director of the law and Intellectual Property Department of Graduate University of Chinese Academy of Sciences, told the newspaper reporters that the intellectual property law, including trademark law, has been modified almost every year in developed countries. Our country is concentrating on revisions, which is inseparable from the synchronous characteristics of intellectual property rights with science and technology and economic development.

To strengthen

Li Shunde said that China's first revision of the trademark law was revised around the Sino US intellectual property negotiations in order to restore the status of the GATT.

The second time is to comply with the agreement on trade related aspects of intellectual property rights and to make amendments to the WTO.

If the first two revisions were made in line with international standards, this time it was modified because of its own development needs.

With the rapid development of China's economy and the enforcement of trademark law for so many years, some provisions are no longer applicable to actual cases.

For example, the existing trademark law provides that the registered trademark must be a combination of two or more colors, and the monochrome trademark is not protected. This draft has expanded the scope, not only can monochrome be registered, but also the voice can be registered.

In addition, some foreign businessmen believe that our country's attack and punishment on counterfeiting and shoddy infringement are not enough, and this revision has been revised in this draft.

The draft will be based on the needs of economic development.

Expanded the scope of registration

What specific amendments have been made to the existing trademark law?

The scope of registration has been expanded.

Experts said that the draft was increased.

Li Chen also pointed out that the draft reform reformed the objection procedure.

The current trademark law stipulates that anyone can raise a trademark objection.

In reality, there are some malicious objections and extortion to the applicant.

The draft will restrict the subject of disagreement to "the prior obligee or interested party", which can play a role in preventing the abuse of objection procedure.

The thirty-fourth article of the draft proposal two increased the scope of the suppression of malicious snatch, and strengthened the obligation of good faith in the business competition.

Li Chen said that in the draft, "the applicant is aware of the malicious registration because he is aware of the existence of the other person's trademark because of his contract, business contacts, geographical relations or other relationships."

The existing trademark law only prohibits the registration of "trademark that others use and has certain influence". However, some unregistered trademarks do not reach the "certain degree of influence", and some malicious parties deliberately rush to register such trademarks.

At the same time, plan two also stipulates that "the trademark that applies for registration is a trademark that plagiarize others with strong or significant influence on different or similar commodities, which easily leads to confusion and does not register."

The prohibition of cross class rush registration in the existing trademark law is limited to the rush registration of well-known trademarks.

Intensify efforts to crack down on violations

Li Shunde believed that the development trend of trademark law in the future should adapt to the needs of economic development, promote economic development, increase the protection of intellectual property rights, expand the scope of protection, simplify registration procedures, and bring convenience to registered rights holders as far as possible.

The revision of this draft is consistent with this trend.

The fourteenth revision of the draft opinion has attracted the attention of experts.

Li Shunde said that the amendment has clearly stipulated the principle of handling cases of passive identification of well-known trademarks and is in line with international standards.

The draft also has been adjusted to the extent that the foreign trade mark's trademark law is not enough to crack down on infringement.

Li Shunde pointed out that the sixty-fourth aggravated the intensity of punishment and aggravated the punishment for more than two times of 5 years.

The sixty-seventh section also raised the statutory compensation ceiling from "under 500 thousand yuan" to "less than 1 million yuan".