ChinaWTO membership prompts IP law changes
WTO membership has required China to reform its IP laws. Many of the new provisions are welcome. But, as ever, they will be judged on the strength of their enforcement, write Yvonne Chua and Howard Tsang
As China has acceded to the WTO, it has since late 2001 revised and promulgated its IP laws and regulations to comply with the TRIPs Agreement's requirements. In this article, we will discuss the more significant changes as well as the recent development on infringements.
The amendments to the Trade Mark Law and its Implementing Regulations, effective as of December 1 2001 and September 15 2002 respectively, have meant significant changes.
Registrable trade marks now include three-dimensional signs. Therefore, shapes may now be registered as trade marks provided that they possess the requisite degree of distinctiveness.
An inherently unregistrable mark may acquire distinctiveness through use. Unlike in the past, user evidence is now relevant. It is therefore essential for trade mark owners to keep proper records on use of their marks.
An application may be approved for part of the designated goods or services. Opposition or cancellation can be filed...
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