Wednesday 23 October 2013

China: To begin to protect trademark law as in developed countries

   The Wall Street Journal reports today:"Some observers have speculated for years that Beijing would start taking intellectual property rights seriously once the economy had developed to a point where Chinese companies themselves had valuable intellectual property to protect. That appears to be the case. Witness a set of amendments to the trademark law, approved in August and set to take effect in May, which come as Beijing is eager for domestic firms to move further up the value chain":
"The amendments bring Chinese trademark law more closely in line with the existing trademark regimes in developed economies. Officials have drawn a clear line connecting this legislation and the authorities' broader goals for the economy. The Minister of the State Administration for Industry and Commerce, Zhang Mao, said in September that the new law "is an important measure to accelerate the transformation in the mode of economic development, and to implement a new development strategy that is driven by innovation." But domestic companies may not be the only beneficiaries of these belated improvements.
One important change is that for the first time in its 31 year history, the trademark law now sets a fixed timeframe for processing registration and examination procedures. Electronic filing will also be officially recognized. A straightforward trademark application with no objections or oppositions raised is expected to proceed to registration as soon as 12 months from the date of filing. This ambitious target, if accomplished, would make the Chinese system comparable with or even faster than its counterparts in the U.S., the EU and Japan".

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