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The Third Revision Of The Trademark Law

2012/3/11 16:42:00 14

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According to the relevant person in charge of the State Administration for Industry and commerce, China is revising the trademark law for the third time in order to meet the needs of the continuous development of the socialist market economy.

The SAIC has formed a draft for the new version of the trademark law and is expected to be submitted to the Legislative Affairs Office of the State Council in the near future.

Not long ago,

domestic

The news about trademark bill has attracted the attention of journalists.

One is, recently, a new US law was proposed, the new law proposed to expand the protection of clothing copyright, causing a uproar in the design circle. Maria Cornejo's design brand Zero+MariaCornejo is one of the first lady Michel Obama's favorite brands. The design piracy Prohibition Act (DPPA) will protect her design from being copied for three years.

But there are other professionals who worry that DPPA may expand the rift between fashion and apparel industries.

Another is the special telegram of Xinhua net. The State Administration for Industry and Commerce said that China is revising the trademark law for the third time in order to meet the needs of the continuous development of the socialist market economy.

about

Clothing copyright

The most stringent protection is the European countries, followed by the United States. In many people's eyes, China may be one of the weaker countries in this area.

However, with the name of "trademark power", China is gradually moving towards "trademark power". How will the third amendment of the trademark law affect the garment industry in pformation and upgrading? To what extent can it bring tangible benefits to the development of enterprises? With these questions, journalists have visited experts in intellectual property and executive directors of Beijing Weibo law firm.

Wei Ming Li

。

Reporter: why should the state modify the trademark law?

Wei Ming Li

China's current trademark law was passed in 1982 and revised two times in 1993 and 2001. Its basic framework is in line with China's current national conditions, but some of its contents still can not meet the needs of the growing social needs.

Especially since the second revision of the trademark law, great changes have taken place in China's economic environment. With the popularity of intellectual property culture, people are increasingly aware of the importance of intellectual property rights.

The awareness of trademark is increasing day by day, for example, the enterprises only focus on the development of product quality, but now they are slowly turning to cultivate their own brand development.

Moreover, the foreign trade activities of Chinese enterprises are increasingly active, and our products are subjected to some unfair treatment abroad.

The problem of product trademark is one of the important reasons, and foreign brands are full of people's lives, so we realize the importance of trademark strategy.

The added value of goods and services comes from brands, and trademark is the important factor.

There is also a profound understanding of "small trademarks and big articles".

Reporter: what are the outstanding problems in the current trademark law?

Li Weimin: in fact, in June 2008, the State Council promulgated the outline of the national intellectual property strategy. The purpose is to enhance our ability to create, apply, protect and manage intellectual property rights and build an innovative country. This time, the revision of the trademark law is the main content of the implementation of the outline, and is a passive revision in demand.

It can also be said that the amendment is imminent.

There are mainly several aspects as follows: to facilitate the parties concerned, to be perfected; the time limit for trademark review is too long; moreover, the length of the review period is not clearly stipulated in the law; the current period of trademark inspection is generally over 3 years, and the period of examination of the twenty-fifth categories of clothing and footwear brands is even 3-5 years. This is also one of the reasons for the large number of Chinese enterprises' "fixed processing" and unwilling to cultivate their own brands; the malicious objections to trademarks are rampant, the malicious registration is serious; the legal status of unregistered trademarks is not stipulated, and the rights of unregistered trademark owners are not protected; the problem of illegal publicity of well-known trademarks lacks of legal regulation; the legal status of "trademark processing" is not clearly defined; and the penalties for trademark infringement are not strong enough. The existing trademark law is imperfect in trademark registration procedure.

If enterprises encounter such disputes, it is easy for them to drill the loopholes of the law.

Reporter: how will the trademark law modify these outstanding problems?

Reviewing the backlog phenomenon and shortening the time limit for trademark review, of course, the most beneficial thing will be the trademark of the garment industry. A large number of clothing trademarks will come out after the new law is promulgated. A large number of Chinese made garments can guarantee that they have obtained the trademark registration certificate and have legal status before leaving the country. The new law also provides explicit regulations and regulations on the abuse of trademark objections, illegal registration of trademarks, rush to register others' trademarks, etc., and increases the amount of legal compensation, significantly strengthens the protection of the rights holders, so as to protect the national brand more effectively. The revised trademark law makes a clear definition of "licensed processing", so that a large number of Chinese garment enterprises have laws to follow, which will greatly reduce the legal risks in "licensed processing". Li Weimin: the new law will modify the application procedures of trademarks, increase online applications and other procedures, facilitate the parties to apply for trademarks, and greatly change the trademarks.

Reporter: what will be the impact of the revised Trademark Law on the garment industry?

Li Weimin: actually, the third revision of the trademark law has a far-reaching impact on all walks of life, but it can be said without exaggeration that the impact on the twenty-fifth garment industry is the biggest.

Because the application amount of clothing trademark in China is the first place in all trademark applications, which has a huge impact. In the process of trademark inspection, because of the huge application amount of such trademark, the period of trademark examination is the longest, which is generally longer than that of other brands.

Moreover, "licensed processing" is prevalent in China's apparel industry. If rights are always in an uncertain state, who will be willing to spend time and energy cultivating brands?

In short, whether it is to encourage enterprises to cultivate their own brands or create conditions for them to go abroad, the amendment of the trademark law will make their legitimate rights and interests better protected.