China Uniforms Judgement Standards For General Trademark Violations

On December 13, 2021, the Chinese National Intellectual Property Administration (“CNIPA”) has issued the “Judgement Standards for General Trademark Violations” (“Standards”) effective from January 1 20221. The Standards uniforms judgment standards, strengthens trademark management, unified law enforcement standards, and enhances the enforcement of law.

The Standards is based the “Trademark Law of the People's Republic of China” (“Trademark Law”), “Implementation Regulations of the Trademark Law of the People's Republic of China” (“Implementation Regulations”), as well diverse and complex trademark violations from the development of the Internet economy in the recent years. Overall, the Standards not only establishes a unified blueprint for relevant administrative enforcement departments when determining trademark infringement, but also fosters a transparent and standardised trademark management system for the market players.