Public comments solicited on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks

On 7 June 2022, the China National Intellectual Property Administration (CNIPA) began to solicit public comments on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks.

The main modifications are as follows:

1. Modify the name of the regulations to improve the legislative purpose

2. Further standardize the registration application behavior

3. Strengthen the management requirements of the registrant and the user

4. Increase the registration of trademarks containing geographical names and the proper use of provisions

5. Promote the use of trademarks to enhance public services

6. Improve administrative protection to strengthen the penalty measures

Link: https://www.cnipa.gov.cn/art/2022/6/7/art_75_175908.html

Public comments solicited on the Draft Provisions on Prohibition of Abuse of Intellectual Property rights to Exclude and Restrict Competition

On 27 June 2022, the China’s State Administration for Market Regulation (SMAR) released the Draft Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition and sought public comments. The Draft is meant to implement the revised Anti-Monopoly Law, which comes into force 1 August 2022.

The main modifications are as follows:

1. Modify the name of the regulations;

2. Implement the latest provisions of the revised Anti-Monopoly Law;

3. Improve the anti-monopoly rules in the field of intellectual property rights;

4. Improve the anti-monopoly rules in key areas such as Standard Essential Patents.

Link: https://www.samr.gov.cn/hd/zjdc/202206/t20220627_348161.html

Beijing IP Court: Suing others with a trademark not obtained in good faith constitutes an abuse of rights

The Beijing Intellectual Property Court recently upheld a lower court’s decision and ruled that Appellee Shenzhen Chow Tai Fook Online Media Co., Ltd. (“Chow Tai Fook”) and Defendant Beijing Jingdong Century Commerce Co., Ltd. (“Beijing Jingdong”) did not infringe Appellant/Plaintiff Ma Moumou’s trademark because Ma’s action of suing Chow Tai Fook with a trademark not registered in good faith constituted an abuse of rights.

The brand “骄人” (pronounced jiao ren) was created by Chow Tai Fook in 2006 for use on jewelery. Through extensive use and publicity, the brand has enjoyed high reputation. In 2008, Ma applied to register the mark “jiaoren骄人” (Chow Tai Fook’s brand “骄人” with English transliteration added) on jewelry products in Class 14. Ma has not put his mark into acutal commercial use and he has also applied to register more than 30 trademarks, many of which were similar to other parties’ famous trademarks. Ma’s action constitutes trademark hoarding.

In previous effective civil judgment between Ma and Chow Tai Fook’s offline jewelry store, the court held that Chow Tai Fook had a prior right to use the brand “骄人” before Ma’s registration and dismissed Ma’s claims. Ma sued Chow Tai Fook’s online stores in a similar way in this case. Ma has violated the principle of good faith and his action of suing Chow Tai Fook with a trademark not registered in good faith constituted an abuse of rights.

Link: https://bjzcfy.chinacourt.gov.cn/article/detail/2022/05/id/6715230.shtml