Interpretation and Practical Guide to the Trademark Law of the People's Republic of China

Author: Hu Jihua
Publisher:
Publish Date: 2001-01-01
Features: The "Trademark Law of the People's Republic of China" was adopted by the 24th Session of the Standing Committee of the Fifth National People's Congress on August 23, 1982, and came into effect on March 1, 1983. On February 22, 1993, the 30th Session of the Standing Committee of the Seventh National People's Congress passed the "Decision of the Standing Committee of the National People's Congress on Amending the 'Trademark Law of the People's Republic of China'," which modified certain provisions of the "Trademark Law." The amended "Trademark Law" expanded the scope of trademark protection and strengthened the crackdown on trademark infringement. Since its formulation and promulgation, the "Trademark Law" has played a positive role in protecting trademark rights, promoting reform and opening-up and the development of the socialist market economy, urging trademark holders to ensure the quality of goods or services, maintaining trademark reputation, and safeguarding the legitimate rights and interests of consumers. In the nearly two decades since the implementation of the "Trademark Law," trademark work has achieved remarkable results, primarily reflected in the following aspects:
First, there has been a significant increase in trademark applications and registrations. In 1979, there were only 32,589 valid registered trademarks nationwide, but by the end of 1999, the number had grown to 1,091,228. In 1980, the annual number of trademark applications was as low as 26,177, but by 1999, it had reached 170,715. On October 4, 1989, China officially became a member of the "Madrid Agreement Concerning the International Registration of Marks" and began handling trademark international registrations. In 1989, China submitted only 4 international trademark registration applications, while in 1999, the number had increased to 11,212, ranking eighth among member countries of the Union for the Maintenance of the International Deposit of Marks. China has now joined the ranks of the world's top ten trademark registration countries.
Second, the construction of trademark law enforcement teams has been strengthened, and the legal system for trademarks has been improved. In the early days of reform and opening-up, many local administrative departments for industry and commerce did not have trademark management departments, and there were only hundreds of trademark administrators nationwide, most of whom were part-time. Today, China has basically established a relatively complete system of trademark management institutions and a nearly 7,000-strong trademark management team.