Trademark Litigation In China, 2021

Legislative framework and causes of action

Trademark law, rules and regulations

China has a comprehensive and integrated legal framework for trademark protection based on domestic legislation as well as international IP treaties and conventions. The Trademark Law and its Implementing Regulations are the primary sources of law on trademark protection. The Trademark Law entered into force in 1983 and underwent amendments in 1993, 2001, 2013 and 2019 respectively.

In addition to the Trademark Law, the domestic laws, rules and regulations on trademark protection across the administrative, civil and criminal spheres include:

• the Civil Law;
• the Tort Law;
• the Criminal Law;