Is it worth protecting a trademark in China though it is difficult to act against copies there? Yes. On June 7, the Zhejiang Higher People’s Court ordered an injunction and awarded US$1.4 million to L’Occitane in a trademark infringement and unfair competition action. So the answer is yes. The legal framework and authorities’ practices on trademark enforcement in China have strengthened over the past years. In 2019, the Trademark Law and the Unfair Competition Law were amended with higher amounts of statutory damages and punitive damages. In 2020, the China National Intellectual Property Administration released criteria on determining trademark infringement for the administrative law enforcement authorities, the Supreme People’s Court issued guiding opinions concerning strengthening searches for similar cases to unify the application of law, and the Supreme Court also issued guidelines for the courts regarding the application of law when hearing cases about the violation of IP rights on e-commerce platforms. Having a trademark is having the ability to defend it, including in China.
Our news on intellectual property
Enhanced trademark enforcement practice in China
14 October 2021
2021 INTA Rountable in Geneva
31 August 2021
On-going consultation on the review of the Ordinance to the Federal Act on Data Protection
20 August 2021