World Intellectual Property Organization

Legal Texts Relevant to Trademarks

China

Main IP Laws: enacted by the Legislature

Date of TextTitle
August 23, 1982Trademark Law of the People's Republic of China (as amended up to Decision of August 30, 2013, of the Standing Committee of National People's Congress on Amendments to the Trademark Law of the People's Republic of China)

IP-related Laws: enacted by the Legislature

Date of TextTitle
April 24, 2015Advertisement Law of the People's Republic of China (as amended by the Standing Committee of the People’s Congress on April 24, 2015)
October 28, 2010Law of The People's Republic of China on the Laws Applicable to Foreign-related Civil Relations
September 2, 1993Law of September 2, 1993, of the People’s Republic of China Against Unfair Competition (promulgated by People's Republic of China Presidential Order No. 10)
June 29, 1991Tobacoo Monopoly Law of People's Republic of China. (promulgated by Order No. 46 of June 29, 1991,of the President of People’s Republic of China)
April 12, 1986General Principles of Civil Law

Implementing Rules/Regulations

Date of TextTitle
 Implementing Measures on Management of Automobile Brand Marketing
May 1, 2014Interim Regulations on Online Applications for Trademark Registration of May, 1, 2014
April 5, 2014Circular of April 15, 2014, of the State Administration of Industry and Commerce Concerning the Issues on Implementing the Amended Trademark Law.
August 30, 2013Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China (promulgated by Presidential Order No. 6 of August 30, 2013)
May 31, 2013Decision of May 31, 2013,of the State Council Amending and Abolishing Some Administrative Regulations (promulgated by Order No. 638 of July 18, 2013, of the State Council of the People’s Republic of China)
July 12, 2010Measures of July 12, 2010, for Administration of Trademark Agency (promulgated by The State Administration for Industry and Commerce of the People's Republic of China Order No. 50)
April 2, 2010Measures on the Protection of Symbols of Asian Games
September 10, 2009Regulations on Registration Procedure of pledge on Trademarks (promulgated by Order No. 182 of September 10, 2009, of the State Administration for Industry and Commerce of the People's Republic of China)
August 10, 2009Regulations of August 10, 2009, on Issues of Trademark Transfer Application
April 21, 2009Regulations on the Determination of Well-Known Trademarks
January 30, 2007Provisions of January 30, 2007, on Utilizing the Marks of the Most Competitive Brands on the Market (promulgated by Ministry and Commerce of the People's Republic of China Order No. 9)
January 8, 2007Trial Measures for Evaluating and Protecting Brands in the Commercial Field
March 27, 2006Notification of State Council About Print and Distribute Protection of Intellectual Property Platform for Action (2006-2007)
January 13, 2006Notice on Interim Regulation Concerning Intensified Interlinking and Coordination in the Combat against Trademark Exclusive Right Infringing Criminal Offenses
January 10, 2006Protection Measures for Intellectual Property Rights during Exhibitions
October 26, 2005Rules for Trademark Review and Adjudication
December 24, 2004Measures for Archiving World Exposition Symbols
November 24, 2004Interim Measures for Service Providers from Hong Kong or Macao to Provide Trademark Agency Services in the Mainland (promulgated by Order No. 192 of November 24, 2004, of the State Administration for Industry and Commerce of the People's Republic of China)
October 20, 2004Regulations of October 13, 2004, on the Protection of the World Exposition Symbols (promulgated by Order No. 422 of October 20, 2004 of the State Council of the People's Republic of China)
August 19, 2004Trademark Printing Management Approach
April 17, 2003Measures for the Registration and Administration of Collective Marks and Certification Marks
April 17, 2003Measures for the Implementation of International Registration of Marks under the Madrid Agreement
April 17, 2003Provisions of July 3, 2014, on the Recognition and Protection of Well-known Trademarks (promulgated by The State Administration for Industry and Commerce of the People's Republic of China Order No. 66)
August 3, 2002Regulations for the Implementation of the Trademark Law of the People's Republic of China (promulgated by Order No. 358 of August 3, 2002, of the State Council of People's Republic of China)
August 3, 2002Implementing Regulations of the Trademark Law of the People's Republic of China (promulgated by Order No. 358 of the State Council of the People's Republic of China on August 3, 2002; amended by order No. 651 of the Decision of the State Council on Amending the Regulations for the Implementation of the Trademark Law of the People's Republic of China on April 29, 2014)
April 22, 2002Measures for Archive and Management of Olympic Symbols
March 1, 2000Trademark Attorney Eligibility Assessment Methods
March 1, 2000Measures on Trademark Agents Qualification Examination
September 28, 1999Opinions on Prohibiting and Combating the Sale of Counterfeit Cigarettes, and Resolutely Stopping Cigarette Illegal Production
June 21, 1999State Administration for Industry on the issuance of 'industrial and commercial administrative trademark registration fee receipt dedicated management approach'
April 15, 1999Opinions on Resolution of Several Issues Concerning Trademarks and Enterprise Names
April 8, 1999Measures of Intellectual Property Management for Higher Education Institution
March 30, 1999Opinions on Several Issues Concerning Service Trademark Protection
August 1, 1997Measures for the Record Filing of Trademark Licensing Contracts
August 23, 1996Regulation to the Using of Trademarks of Tobacco Products
August 14, 1996Interim Provisions of well-known trademarks and Management
November 2, 1995Trademark Review and Adjudication Rules (revised by the Order No. 65 of May 28, 2014 of the State Administration for Industry and Commerce of the People's Republic of China)
July 13, 1995Provisions on the Management of Trademarks in Foreign Trade
July 6, 1995Certain Regulations on Prohibiting Unfair Competition activity concerning imitating specific Names, Packaging or Decoration of Well-known Commodities
May 25, 1989Reponse of the State Council on China's Accession to the 'Madrid Agreement Concerning the International Registration of Trademarks'
September 1, 1983Rules for Foreigners or Foreign Enterprises Applying for Trademark Registration in China

IP Jurisprudence

Date of TextTitle
October 27, 2014Regulations of October 27, 2014, of the Supreme People's Court on the Jurisdiction over cases of the Intellectual Property Courts in Beijing, Shanghai and Guangzhou (promulgated by Order No. 12 of Supreme People's Court of October 31, 2014)
February 10, 2014Interpretations of the Supreme People's Court on Issues Concerning the Jurisdiction and Application of Law for Trademark Cases after the Implementation of the Decision on Amending the Trademark Law (promulgated by Order No. 4 of March, 25, 2014, of the Judicial Committee of the Supreme People's Court)
May 7, 2010Provisions (II) of May 7, 2010, of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of the Public Security Organs for Investigation and Prosecution
April 20, 2010Opinions of the Supreme People's Court of April 20, 2010, on Several Issues Concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights (promulgated by No. 12 of the Supreme People's Court)
June 22, 2009Regulations of The Supreme People’s Court of June 22, 2009, on Hearing Divisions of IP Administrative Lawsuits Involving the Grant and Confirmation of Patents and Trademarks
April 23, 2009Interpretation of the Supreme People's Court of Several Issues Concerning the Application of the Law to the Trial of Civil Dispute Cases Involving Well-Known Trademarks
February 18, 2008Provisions of the Supreme People's Court on Issues Concerning the Trial of Cases of Civil Disputes over Conflicts between Registered Trademark or Enterprise Name and Prior Right
January 9, 2002Interpretation by the Supreme People's Court of the Issues Relating to Jurisdiction over and Scope of Application of Law to the Hearing of Trademark Cases
January 9, 2002Interpretation by the Supreme People's Court of the Issues Relating to Application of Law to Pre-trial Suspension of Acts of Infringement of Exclusive Right to Use Trademarks and to Evidence Preservation
January 2, 2001Interpretation on the People's Courts Subjecting Rights in Registered Trademarks to Property Preservation

IP Legal Literature

Date of TextTitle
September 10, 2014The 2014 China Intellectual Property Index Report
November 21, 2007Rules and Procedures for Substantive Examination of Trademarks
December 31, 2005Standard for Examination of Trademarks
December 31, 2005Standard for Review of Trademarks

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