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Third time lucky for China TM reform

Third time lucky for China TM reform

China is exploring possible amendments and revisions to its Trademark Law for the third time since 1983, in a bid to reduce cycles of trademark registration and rights vindication.

Zhou Bohua, the chief of the State Administration for Industry and Commerce hinted at the changes this week. The hope is to simplify lengthy procedures and improve efficiency in protecting exclusivity of registered trademarks, but is also confirmation of the maturation and sophistication of the IP regulatory industry in the region.

China’s Trademark Law came into force on the first day of March 1983 and was the country’s first law in the field of intellectual property. A further two acts amending the original law took place in 1993 and 2001, to keep pace with economic reform and development and to meet the country's obligations under the GATT/TRIPS (The General Agreement on Tariffs and Trade/Trade Related Intellectual Property) Agreement.

Wang Yongqing, deputy director of the State Council's legislative affairs office said that under current legislation, trademark registration usually takes several years, and in the case of an infringement, can go through as many as five legal steps in the procedure for enforcing trademark protection.

The 2001 amendment was brought in to strengthen the fight against piracy and property rights infringement and to help facilitate China's trade and economic co-operation with other countries.

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