On September 17, SAIC held a system wide teleconference in Bejing to implement the new Trademark law and to make specific deployments. Ms. Xin Chunying, deputy director of NPC Law Committee, was invited to interpret the new Law. Mr. Zhang Mao, secretary of SAIC Party group and minister of SAIC, was present at the conference and delivered an important speech. Mr. Liu Yuting, deputy secretary of SAIC Party group and vice minister of SAIC, presided the conference. Mr. Ma Zhengqi, vice minister of SAIC, Mr. He Xin, leader of SAIC Discipline Inspection Commission, and Mr. Liu Junchen, vice Minister of SAIC, were also present there.
Ms. Xin Chunying briefly introduced the background and process of Trademark Law amendment and focused on interpretation of seven major changes of the new Law. The main changes were: (1) stipulating trademark examination time limits to shorten the lengthy period of examinations, (2) adding new rules to facilitate trademark applications: sound was registrable, accepting multi-class applications and online applications, (3) clarifying well-known marks protections and prohibited the use of well-known marks for advertisements, (4) modifying opposition procedure to simply the complicated trademark rights determination procedure, (5) strengthening the legal protection to the exclusive rights of registered trademarks and increasing types of infringements and punitive damages, (6) strengthening protections on unregistered marks and prohibiting malicious registration, and (7) providing duties and obligations of agencies and strengthening their supervision.
Mr. Zhang Mao indicated the Trademark Law has already played an important role to protect registered trademarks’ exclusive rights, to safeguard a fair competition market order, and to promote China’s social and economic development since its implementation 30 years ago. Trademarks’ registration, implementation, protection and administration level has been remarkably improved. China has truly become a trademark big country for the great leap forward development of trademarks. However, with the development of socialistic market economy, current law was difficult to meet the development of practices. The new law focusing on China’s economic and social needs provided a big modification to current trademark registration and administration mechanism. To implement the new law was an important measure to practice innovation-driven development strategy, a strong support to boost the transformation of AIC’s roles, an urgent need to promote trademark work to an advanced international level and a higher requirement for AIC to practically implement its trademark registration and administration obligations.
Mr. Zhang Mao stressed the modification of Trademark Law was in consistent with International Treaties which China acceded, borrowed advanced experiences and mature practices from world major countries, and made four improvements to current law focusing on real existed prominent problems. First is to modify trademark registration and examination procedures to provide applicants more convenient and efficient services. Second is to regulate unfair competitions in trademark registration, implementation and agencies to safeguard a fair competitive market order. Third is to clarify the well-known trademark protection to return it to original meaning. Last is to strengthen the protections to registered trademarks’ exclusive rights to protect holders’ legitimate interest. He said that only a comprehensive master of Trademark Law’s important amendments and thorough understanding of the basic content of the spirit of the Law could AIC well implement and enforce the law, and fully promote trademark’s important role in promoting economic and social development.
Mr. Zhang Mao required AIC who took the obligation of trademark registration and administration to take the opportunity of implementing new Trademark Law, quicken the transformation of roles, perform duties in consistence with laws regulations and State Council determined size, post and duties of AIC, promote the implementation of trademark strategy, practically prevent the absence, offside and malposition of duties, especially prevent the interference of trademark issues which originally adjusted by market, self managed by society and independent operated by enterprises, discard the quick success, instant benefit and meddling behaviors, and make contributions to create a sound development environment, provide an excellent service and safeguard social fairness and justice. First is to seriously promotions and trainings of new Trademark Law to comprehensively enhance legal awareness. Second is to timely formulate, revise auxiliary regulations to increase enforcement level. Third is to constantly improve trademark examination and review efficiency and quality to actively serve the development. Fourth is to enhance supervision and enforcement according to laws to safeguard a fair competitive market order. Last is to strengthen AIC teambuilding to provide personal protection for new law’s implementation.
Mr. Liu Yuting raised four requirements in order to seriously study, understand and deploy the spirit of Minister Zhang Mao’s speech and to deeply implement the new Trademark Law. First is to make serious study to the speech and thoroughly understand its spirit. Second is to clarify work measures and practice work duties. Third is to focus on key point to enhance the real effect of implementation. Last is to strengthen the leadership, enhance cooperation among departments.
Responsible staffs from SAIC inner departments and its directly affiliated units, staffs above deputy director level from Trademark Office, Trademark Review and Adjudication Board, China Trademark Association and Tongda Trademark Service Center were present the conference in the main venue. Staffs from local AICs responsible for, in charge of and related to trademark issues attended the conference in local venues.
