China's new trademark law

• Author: Zhang Mao
• Position: Minister, State Administration for Industry and Commerce (SAIC), People's Republic of China
• Pages: 34-36

p. 34 2014 | 5

C H I N A’S N E W

T R A DEM A R K L AW

Establishing the condi tions for innovation and creativity to thrive

and improving China’s intellectual proper ty (IP) system are top

priorities for the Chine se Government in its proces s of reform

and opening up. The newly amende d Trademark Law of the

People’s Republic of China, which took effect o n May 1, 2014,

is the latest major step in enhanci ng the country’s IP system.

The new trademark law strea mlines trademark regis tration

procedures and strengthens the legal protection of trademarks

in China in line with internation al standards. It also promises to

generate signicant eco nomic and social benets for the countr y

and to support the growth of the g lobal economy and trade.

Since the adoption of its policy of reform a nd opening up, the

Chinese Government ha s been paying increasing at tention to

the importance an d role that IP plays in socioecono mic devel-

opment and consistently work ing to improve the country’s IP

system. IP is a strategic national resource for the d evelopment

of innovation and a core element in deter mining a country’s

ability to compete in internationa l markets.

Since its promulgation in 1982, there have been two amen d-

ments to the trademark law – in 1993 and 2001 – in line with

the evolution of China’s market economy and the internationa l-

ization of economic growth. T his ongoing strengthening of the

legal framework for protecting trad emarks in China is aimed

at protecting the legitimate rights and interes ts of trademark

owners and consumer s and to maintaining competitive and

fair market conditions.

The promulgation and imple mentation in 2008 of China’s national

IP strategy provided a good policy a nd legal basis for the further

development of the countr y’s trademark system.

A TRADEMARK POWERHOUSE

Over the years, China has see n marked improvement in the

registration, use, protection, and managem ent of trademarks,

which are now playing an increa singly important rol e in pro-

moting business growth an d economic development. But i n

recent years, China has em erged as a true trademark p ower.

The country’s trademark of ce processes the large st number

of trademark applicatio ns in the world. By the end of 2013,

China had recorded a cumul ative total of 13.24 million trade-

mark applications and 8.65 mil lion registrations, of which 7.24

million remain in force.

By Mr. ZHANG Mao , Minister, State

Administration for Industry and Commerce

(SAIC), People’s Republic of C hina

Photo: SAIC

Minister Z hang Mao (above). Chin a’s new

trademark l aw which took eect in M ay

2014 seeks to protect t he rights of brand

owners and con sumers and to mai ntain

competitive a nd fair market con ditions.