China National Intellectual Property Administration enacted “Trademark Infringement Judgment Standard”

• Author: Cissy Zhou
• Citation: jd0046
• Published date: 07 July 2020
• Date: 07 July 2020
• Subject Matter: Intellectual Property

2020/9/11 China National Intellectual Property Administration enacted “Trademark Infringement Judgment Standard” | China Law Insight

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CHINA LAW INSIGHT

China National Intellectual Property

Administration enacted “Trademark Infringement

Judgment Standard”

By King & Wood Mallesons on July 7, 2020

By Cissy Zhou, King and Wood Mallesons’ IP group

On June 15, 2020, the China National Intellectual Property Administration(CNIPA)

enacted the “Trademark Infringement Judgment Standard” (hereinafter referred to as the

“Standard”), which came into force from the date of promulgation. Within the framework of

the Trademark Law, the Standard, based on the guiding function of trademark law

enforcement, systematically combed and summarized the beneficial experiences and

practices of trademark administrative protection over the years, providing operational

guidelines for trademark law enforcement departments to perform law-based

administration, helping to improve the trademark protection rule system, solving difficult

and complicated problems in law enforcement practice, creating a transparent and

predictable IP protection environment for market players, and further enhancing

trademark law enforcement and protection.

The trademark law enforcement departments stipulated in the Standard mainly refer to

the market supervision and administration departments, relevant departments with

trademark administrative law enforcement rights and intellectual property management

departments with trademark law enforcement rights such as Shanghai Pudong New

District Intellectual Property Administration and Changsha Intellectual Property

Administration, etc.

The Standard systematically sorted out and summarized the useful experience and

practices of trademark administrative protection over the years, and added innovative

regulations in combination with practice. The Standard has a total of thirty-eight articles

that specify the use of trademarks, the identical and similar goods, the identical and