Legal updates and opinions
Author
News / News
Amendments To China’s Trade Mark Laws
By Donvay Wegierski, Director
In April 2019 it was announced that certain Amendments to China’s Trade Mark law will come into effect on 1 November 2019 including:
- Increasing the content against bad-faith registration for the purpose of regulating the acts of bad-faith applications and hoarding registrations otherwise known as “trade mark squatters”.
- Reinforcing the penalties for trade mark infringement.
During the course of 2018 seven million trade mark applications were filed in China with over eighteen million trade marks on the Chinese register belonging to Chinese nationals. The vast number of trade marks filed are indicative of many which are filed and retained in bad faith preventing the rightful proprietors from doing so.
The amendments will introduce measures for the Chinese Trade Mark office to refuse trade mark applications filed in bad faith which are not intended for use and and will no doubt be welcomed by brand owners worldwide. Trade mark proprietors may also include “bad faith registration / not for use” as a basis in trade mark oppositions and invalidations.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Obligation of liquidators to pay rates, taxes and utilities in order to give effect to the transfer of immovable property
by Vivienne Hosiosky, Director and Khathu Neluheni, Senior Associate The COVID‑19 pandemic has had a devastating effect on the South [...]
No enquiry before being dismissed – no problem
By Bradley Workman-Davies, DirectorLabour relations and the fairness standards for dismissal of an employee in South Africa have long been [...]
Exchange control relaxation: removal of loop
By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys On 4 January 2021 the Financial Surveillance Department of the South [...]
Reduced work time and illness benefit
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and [...]
Fixed term faux pas – how not to employ someone for a limited period of time
By Bradley Workman-Davies, Director Fixed term contracts of employment are allowable and acceptable in South African employment law, and are [...]
Crypto assets – a new financial product?
By Natalie Scott, Director; and Kyra South, Associate On 20 November 2020, the Financial Sector Conduct Authority ("FSCA") published a draft Declaration [...]
