(Adopted at the 24th Session of the 5th the NPC Standing Committee on August 23rd, 1982) According to the 3th Session of the 7th the NPC Standing Committee on February 22nd, 1993 "On Amending the Trademark Law of the People's Republic of China" The first amendment to the Decision on Trademark Law of the People's Republic of China was based on the second amendment to the Decision on Amending the Trademark Law of the People's Republic of China at the 24th session of the 9th the NPC Standing Committee on October 27th, 21)

Explanation on the Amendment to the Trademark Law of the People's Republic of China (Excerpt)

(1992

Liu Minxue, Director of the State Administration for Industry and Commerce

I. Necessity of amending the Trademark Law

The Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) was adopted and promulgated at the 24th session of the 5th the NPC Standing Committee on August 23rd, 1982, and came into force on March 1st, 1983.

the trademark law is an important law on the protection of intellectual property rights with the protection of the exclusive right to use trademarks as the core. The Trademark Law has been implemented for more than nine years, which has played a positive role in protecting productive forces, promoting international economic and technological cooperation and developing China's socialist commodity economy, and promoted the development of China's trademark cause. In 1982, the number of trademark registration applications was 18,565, which increased to 67,64 in 1991; At the end of 1982, there were 84,47 valid registered trademarks, which increased to 318,915 by the end of 1991. In 1982, there were 13,148 registered trademarks in 28 countries and regions, and in 1991, there were 47,859 registered trademarks in 62 countries and regions.

after all, the Trademark Law was formulated in the early stage of China's reform and opening up. With the deepening of reform and opening up and the accumulation of practical experience, China joined the Paris Convention for the Protection of Industrial Property and the madrid agreement concerning the international registration of marks in 1985 and 1989 respectively. In order to further improve China's trademark system and connect it with the international practices, it is necessary to make appropriate amendments to the current Trademark Law to meet the needs of China's development of socialist market economy. After more than three years of research, demonstration, repeated revisions, and passed by the the State Council executive meeting, an amendment (draft) to the Trademark Law is now submitted for deliberation.

Explanation (excerpt) on the "Draft Amendment to the Trademark Law of the People's Republic of China"

(at the 19th meeting of the 9th the NPC Standing Committee on December 22nd, 2)

Chairman Wang Zhongfu, Director of the State Administration for Industry and Commerce

Chairman, Vice-Chairmen, Secretary-General and members:

I am entrusted by the State Council.

the trademark law of the people's Republic of China (hereinafter referred to as the current trademark law) was adopted by the 24th session of the 5th the National People's Congress Standing Committee (NPCSC) on August 23rd, 1982 (effective on March 1st, 1983). On February 22nd, 1993, the 3th meeting of the 7th the National People's Congress Standing Committee (NPCSC) made some amendments to some articles. The formulation and implementation of this law has played an important role in protecting the exclusive right to use trademarks, urging trademark owners to ensure the quality of goods or services, maintaining the reputation of trademarks, safeguarding the interests of consumers and promoting economic development. However, with the development of socialist market economy, China's current trademark protection system needs to be further improved, and there are still some gaps between some aspects and the rules of the World Trade Organization, mainly the Agreement on Trade-related Aspects of Intellectual Property Rights (hereinafter referred to as the Agreement on Intellectual Property Rights). China has promised to fully implement the intellectual property agreement when it formally joins the World Trade Organization. In order to improve China's trademark protection system, further strengthen the protection of trademark exclusive rights, promote economic development and prosperity and adapt to China's accession to the World Trade Organization, it is urgent to make appropriate amendments to the existing trademark law on the basis of summing up practical experience.

The Legislative Affairs Office of the State Council and the State Administration for Industry and Commerce, on the basis of summing up the practical experience of the implementation of the existing trademark law for many years, have carefully studied and solicited the opinions of the Legal Affairs Commission of the National People's Congress Standing Committee (NPCSC), relevant departments of the State Council and relevant experts and scholars, and formulated the Amendment to the Trademark Law of the People's Republic of China (Draft) (hereinafter referred to as the draft). The draft has been adopted at the 33rd executive meeting in the State Council. This time, the revision of the current trademark law, considering the improvement of the current trademark protection system, is mainly based on China's foreign commitments, to amend the provisions of the existing trademark law and the World Trade Organization's rules on intellectual property protection.

Report of the Law Committee of the National People's Congress on the Amendment of the Trademark Law of the People's Republic of China (Draft)

(April 18, 21)

the NPC Standing Committee:

The 19th meeting of the 9th the National People's Congress Standing Committee (NPCSC) held a preliminary deliberation on the amendment of the Trademark Law (Draft). Many members of the Standing Committee believe that in order to adapt to the process of China's accession to the World Trade Organization and further strengthen the protection of trademark exclusive rights, it is necessary to make appropriate amendments to the trademark law. At the same time, some amendments are also put forward. After the meeting, the Legal Affairs Committee issued the draft to all provinces, autonomous regions, municipalities directly under the Central Government, relevant departments of the central government and some enterprises and institutions, universities and research institutions for comments. The Law Committee, the Financial and Economic Committee and the Legal Affairs Committee jointly held a forum for relevant departments of the central government and relevant experts to further solicit opinions. The Law Committee held a meeting on April 11th, and deliberated the draft item by item according to the deliberation opinions of the members of the Standing Committee and the opinions of other relevant parties. Responsible comrades of the Financial and Economic Committee and relevant departments of the State Council attended the meeting as nonvoting delegates. April 18th. The Law Committee deliberated again. The Law Committee believes that in order to further improve China's trademark protection system, adapt to the process of China's accession to the World Trade Organization, and promote China's economic development, it is necessary to amend the Trademark Law. At the same time, the following main amendments are put forward:

1. Article 1 of the draft amendment stipulates: "This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers to ensure the quality of goods and maintain the reputation of trademarks, protect the interests of consumers and promote the development of socialist market economy." Some members of the Standing Committee, localities and departments have suggested that China's trademark law protects both commodity trademarks and service trademarks. Therefore, not only producers should be urged to ensure the quality of goods and maintain the reputation of trademarks, but also service providers should ensure the quality of services and maintain the reputation of trademarks. Therefore, the Law Committee suggested that Article 1 of the draft amendment be amended as: "This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and promote the development of socialist market economy". (Article 1 of the second draft of the amendment)

Report of the NPC Law Committee on amendments to five draft laws, including the decision to amend the copyright law (excerpt)

(October 27, 21)

wangweideng, Chairman of the NPC Law Committee

II. Decision to amend the Trademark Law (draft)

(1) Some members of the Standing Committee proposed to strengthen trademarks. Therefore, the Law Committee suggested that Article 1 of the draft be amended as: "This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers, producers and operators, and promote the development of socialist market economy." (Article 1 of the proposed voting draft)

Legislative Purpose of Trademark Law

Trademark Law of the People's Republic of China (excerpt)

Article 1 This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers, producers and operators, and promote the development of socialist market economy.

Explanation (excerpt) on the "Draft Amendment to the Trademark Law of the People's Republic of China"

(at the 19th meeting of the 9th the NPC Standing Committee on December 22nd, 2)

Wang Zhongfu, Director of the State Administration for Industry and Commerce

IV. On the protection of well-known trademarks

Article 16 of the Intellectual Property Agreement and Article 6 bis of the Paris Convention. The current trademark law does not provide for this. Article 25 of the Detailed Rules for the Implementation of the Trademark Law only stipulates the protection of "trademarks well known to the public". The State Administration for Industry and Commerce issued the Interim Provisions on the Recognition and Administration of Well-known Trademarks in 1996 and revised it in 1998. In practice, China has protected well-known trademarks in accordance with the requirements of the Paris Convention. In order to effectively protect the interests of well-known trademark owners, according to the provisions of the intellectual property agreement and China's actual practice, the draft adds a provision: "A trademark applied for registration of the same or similar goods is a well-known trademark that is copied, imitated or translated by others and is likely to cause confusion, so it will not be registered and prohibited from being used." "If a trademark applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, misleading the public and causing the interests of the owner of the well-known trademark to be damaged, it shall not be registered and its use shall be prohibited." (Article 6)

Legal Protection of Well-known Trademarks in China

In March p>1985, China became a member of the Paris Convention and began the exploratory practice of well-known trademark protection in China.

In August p>1987, the Trademark Office of the State Administration for Industry and Commerce recognized the "PIZZA HUT" trademark and the roof graphic trademark of Pizza Hut International Co., Ltd. of the United States as well-known trademarks (this is the first well-known trademark recognized after China joined the Paris Convention), and refused to register the same trademark registered by Australian Hongtu Company on the same goods.

In August p>1988, the Trademark Office of the State Administration for Industry and Commerce recognized the trademark "Lux and Lux" of Uniliv Company in the United Kingdom as a well-known trademark and prohibited the daily necessities wholesale department of Shanghai department store from using the trademark on soap boxes.

In November p>1989, the Trademark Office of the State Administration for Industry and Commerce also recognized the trademark Tongrentang in China as a well-known trademark, in order to help the then Beijing Medicinal Materials Company solve the problem that the trademark was registered in Japan.

from p>1991 to 1995, the Trademark Office of the State Administration for Industry and Commerce has successively identified 18 well-known trademarks, such as Haier, Kweichow Moutai, Changyu and Panda, with great fanfare by means of public questionnaires. These measures have aroused strong social repercussions and promoted the spread of the concept of well-known trademarks in the legal sense among enterprises in China and the public.

In August p>1996, the State Administration for Industry and Commerce issued and implemented the Interim Provisions on the Recognition and Administration of Well-known Trademarks in the form of Order No.56 (hereinafter referred to as Order No.56 of the State Administration for Industry and Commerce). The word "well-known trademark" in its English version is also translated as "wen—known mark". This is the first legal document that explicitly protects "well-known trademarks" in China.

in November p>21, the Beijing higher people's court recognized the trademark "DUPONT" of DuPont company in the United States as a well-known trademark in judicial proceedings, and upheld the first-instance judgment of Beijing No.1 Intermediate People's Court to cancel the registration of the trademark as a domain name by others. This is the first case in which the judicial authorities in China have identified and clearly protected well-known trademarks.