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Revising Draft of China¡¯s Trademark Law Is Asking for Comments |
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On May 12th, 2006, Chinese Trademark Law mainly drafted by the State
Administration for Industry & Commerce started to ask for public opinions.
Formulated in 1982, the existing Trademark Law has been implemented
since 1983, and amended in 1993 and 2001. Since China became one of
the WTO members five years ago, Chinese economy and trade have
developed rapidly, both domestic and international situation has changed
a lot as well, which brought a large number of new problems needed to be
resolved by the trademark system. The Trademark Law is in urgent need
of revision.
The revising draft focuses on five aspects: to shorten the examining period,
to improve the procedure of right affirmation, to strengthen the protection,
to provide better services, and to link this law with the stipulations of Trademark
Law ¨C Singapore Treaty. The amended Trademark Law is supposed to keep
pace with the time, detailed and accurate, standard and thorough, and convenient
for understanding and operating.
The draft consists of 159 articles under 12 chapters, including the 64 original
articles under 8 chapters (52 articles are amended ) and 95 new articles under
4 chapters. Among 95 articles, 67 articles (all amended) are excerpted from
Regulations for the Implementation of Trademark Law, the provisions of the
Order of the Chief of the State Administration for Industry & Commerce, the
Appraisal Rule of the Trademark Appraisal Committee and legal interpretations,
and 28 articles are newly drafted.
According to the legislation procedure, after asking for public opinions, the draft
will be further amended by the State Administration for Industry & Commerce,
and then be presented to the Legislative Affairs Office of the State Council for
examination, by whom if the draft is approved, it will be submitted to the National
People¡¯s Conference for examination and adoption.
Please Click Here to view the revising draft of Trademark Law
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