The principle of legal application when the old and new laws replace each other is: if the new regulations are inconsistent with the old regulations, the new regulations shall apply. The law stipulates that laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules are not retroactive, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations.
If special regulations are inconsistent with general regulations, special regulations shall apply; if new regulations are inconsistent with old regulations, new regulations shall apply.
"Legislation of the People's Republic of China and the State"
Article 92 Laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules formulated by the same agency , if the special provisions are inconsistent with the general provisions, the special provisions shall apply; if the new provisions are inconsistent with the old provisions, the new provisions shall apply.
Article 93 Laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules are not retroactive, but are provided in order to better protect the rights and interests of citizens, legal persons and other organizations. Except for special provisions. This provision embodies the basic principle of "non-retroactivity of laws" in the application of old and new laws. At the same time, from the perspective of protecting the interests of the parties, it also conditionally adopts the principle of retrospection, which can be summarized as the principle of "implementation of the old law with both benefits". According to this provision, the new Trademark Law and the Implementing Regulations are not retroactive in principle, that is, the new laws and regulations can only regulate events and behaviors after they take effect, and will not have the effect of retroactive application to events and behaviors before they take effect. .