The State Council recently issued a draft of proposed Implementing Regulations to the Trademark Law, with a February 10 deadline for comments. (For recent changes to the law itself, see Major Revision of Trademark Law, Aug-Sept. China Bulletin). Two significant changes proposed in the draft regulations are a substantial reduction of the time afforded to file supplemental evidence and arguments, and clarification of when an infringer commits a repeat offense or ”serious circumstances” exist warranting heavier fines. Unfortunately, the draft regulations do not provide further guidelines to calculate the fines to aid local agencies in levying them. The same applies to a lack of clear criteria in the new law for courts to award increased compensation against infringers. Please click here for a detailed legal review of the proposed changes prepared by Joe Simone of the China IP boutique, SIPS.
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