China National Intellectual Property Administration posted An Explanation on Regulations on the Supervision and Administration of Trademark Agents (Explanation) on its website, which explained the background and necessity for issuing the Explanation, the process of drafting the Explanation, and the main thoughts and contents of the draft.
1.Background and Necessity for Issuing the Explanation
Since promulgation and implementation of the Trademark law and Regulations for the implementation of the Trademark Law, positive effects have been achieved in regulation trademark agency behavior and promoting industry development. However, with the rapid development of China’s economy, some new situations and problems have emerged in the field of trademark agency, such as bad faith registration. Due to the low requirement to be a trademark agent, the number of trademark agent developed from more or less than 100 to 70,000 at present. China lacked regulations to regulate or govern agent behavior. Therefore, it is necessary to issue the Explanation.
2.The Process of Drafting the Explanation
In March 2018, the Trademark Office of the former State Administration for Industry and Commerce started the drafting of the Explanation. From September 24, 2020 to October 24, 2020, public opinions are solicited through the Chinese Government Legal Information Network. In 2020, it was submitted to the State Administration for Market Regulation for legal review. The State Administration for Market Regulation announced the order and the Explanation came into effect on December 1, 2022.
3.The Main Content of the Explanation
(1)General Provisions
It mainly stipulates the purpose of formulating regulations, trademark agency matters, concepts of trademark agencies and trademark agency practitioners and the role of industry organizations. It includes Articles 1 to 4.
(2)Standardize the Recording System of Trademark Agencies
It includes Article 5 to 9, and 36.
(3)Clarify the Code of Conduct for Trademark Agency
It includes Article 10 to 19.
(4)Enriching Trademark Agency Supervision Means
It includes Article 20 to 26.
(5)Improving Measures to Deal with Illegal Acts of Trademark Agency
It includes Article 37 to 39.
Post time: Nov-01-2022