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On August 30th, the Standing Committee of the 12th National People’s Congress adopted at its 4th Session approved the Decision on Revising the Trademark Law of the People’s Republic of China, which will go into effect on May 1st 2014.
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The third revision to the Trademark Law of the People’s Republic of China (the Trademark Law), which aroused wide concern, was examined and approved at the fourth meeting of the NPC Standing Committee on August 30th and will go into effect on May 1st 2014.
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Having garnered wi de attention and repeated discussions from all parts of the IP community over the past ten years, the third revision of the Trademark Law is now complete.
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Back-stabbed by an acquaintance” is a common term in China’s business circles and its meaning is self-evident. Though the social values of the Chinese people consider an act of this kind as absolutely immoral, this phenomenon has occurred frequently in the field of malicious trademark registrations in recent years.
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In China, as elsewhere, owners of ‘well-known’ trade marks are keen to profit from the valuable reputation they have built up in their marks, and to protect their marks from misuse by third-parties.
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Although there has been disagreement in judicial practice as to whether the infringement of certification marks constitutes trademark infringement crimes such as the crime of counterfeiting registered trademark, the crime of selling commodities bearing counterfeit registered trademark, and the crime of manufacturing and selling illegally manufactured sign of registered trademark, there are meanwhile a number of supporting precedents.
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In December 2012, the 13th Session of the 11th National People’s Congress Standing Committee of the People’s Republic of China preliminarily reviewed the draft revision of PRC Trademark Law (the Draft).
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It was a farewell ceremony which delighted many but upset one. After years of conflicts, Guangzhou Pharmaceutical Holdings Ltd. (GPC) finally got rid of the Hong Kong Jiaduobao Group (JDB).
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On November 29th, 2010, Shanghai Precision & Scientific Instrument Co., Ltd. (PI) sued Shanghai Jingxue Scientific Instrument Co., Ltd. (Jingxue) and Chengdu Kexi Complete Sets of Instruments Co., Ltd. (Kexi) in Shanghai Pudong New Area People’s Court
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The NIVEA decision has attracted wide media attention. According to Mr. Lei, lawyer of the Legal Department at Beiersdorf AG Beiersdorf, as early as March 2009, its Brand Protection Department discovered clues on the case in a crackdown action.
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