The Trademark Law Has Been Modified In Four Ways.

< p > "modified a href=" http://sjfzxm.com/news/index_q.asp "> trademark law < /a >, in order to fundamentally curb trademark infringement, it has greatly increased the cost of infringement violation from four aspects.

This morning, the Standing Committee of the National People's Congress voted to approve the decision to amend the trademark law. Xu Ruibiao, director general of the Trademark Bureau of the State Administration for Industry and commerce, said in an interview with our reporter.

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< p > < strong > compared with the current trademark law, Xu Ruibiao introduced four changes in this effort: < /strong > < /p >

< p > one, increased the types of tortious acts, and indirect infringement, namely, "intentional provision of convenience for infringement, helping others to infringe the exclusive right of trademark" is a trademark infringement act; < /p >

< p > 2, increased penalties for trademark infringement, increased the amount of fines, and increased the circumstances for heavier punishment. "Heavier penalties should be imposed on two or more trademark infringement cases or other serious circumstances within five years"; < /p >

< p > 3, added punitive damages provisions, increased the amount of infringement compensation, stipulates that for malicious a href= "http://sjfzxm.com/news/index_cj.as" > infringing "/a" trademark exclusive right and serious circumstances, the amount of compensation can be determined within the range of 1 to 3 times of the loss of the right person, the benefit of the infringer or the license fee for the use of the registered trademark. When the three parties are unable to find out the case, the court may decide the statutory compensation 3 million yuan at the discretion of the court; < /p >

< p > 4, in order to reduce the burden of proof of the obligee, the court added the amount of compensation in order to determine the amount of compensation. If the holder of the right has tried to give evidence, and the books and materials related to the infringement act are mainly controlled by the infringer, he can order the infringer to provide relevant books and materials. If the infringer does not provide or provide false information, the court can refer to the claims and evidence of the right person to determine the amount of the tort compensation.

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< p > in addition, the amended trademark law is also modifying the applicant for trademark registration, stipulates that the voice can be applied for registration as a trademark, opened the electronic application for trademark registration, and so on, and has made amendments to maintain fair competition. For example, only the Trademark Office, the Commerce Commission and the court can identify the well-known trademarks in the process of specific cases, and the well-known trademarks can not be used for advertising, exhibitions and other commercial activities.

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< p > it is reported that as of the first half of this year, the cumulative application volume and cumulative registration volume of trademarks in China were 12 million 210 thousand and 8 million 174 thousand, respectively, with 6 million 808 thousand registered trademarks, ranking the highest in the world.

The revised trademark law will take effect from May 1, 2014.

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