Legal updates and opinions
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
Are your employees’ wearables creating a new governance blind spot?
by Tebogo Sibidla, Director Over the past decade, organisations have invested heavily in securing workplace technology. Laptops, smartphones, cloud applications [...]
Interviewing for survival: When competitive interviews during retrenchment are fair
by Bradley Workman-Davies, Director Employers undertaking restructuring exercises are frequently faced with a practical dilemma: where the new organisational structure [...]
Reinstated today, retrenched tomorrow? The limits of redundancy as a defence to reinstatement
by Bradley Workman-Davies, Director Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour [...]
Bad process doesn’t make a good dismissal bad: LAC draws a clear line between procedure and substance
by Bradley Workman-Davies, Director South African labour law has long recognised that a dismissal can fail for one of two [...]
Think before you prompt: How employee use of AI can shape your organisation’s legal position before lawyers become involved
by Tebogo Sibidla, Director The legal lifecycle begins long before a dispute reaches court, or a regulator commences an investigation. [...]
South African exporters: Take note!
by Natalie Scott, Director & Head of Sustainability The EU’s Carbon Border Adjustment Mechanism has shifted from paperwork to payment [...]

