Source: China IP News
The Criteria on Determining Trademark Infringement was introduced by the China National Intellectual Property Administration (CNIPA) to execute the plan of the CCP Central Committee and the State Council on bolstering IP protection, to provide guidelines on trademark enforcement, unify enforcement practice and enhance protection of trademark exclusive rights.
The formulation of the Criteria not only conforms to the practical needs of improving trademark enforcement guidance, but also boosts a concrete measure to implement the Opinions on Strengthening IP Protection and the action plan thereof.
Created under the framework of trademark law and with the objective of offering guidance to trademark enforcement, the Criteria combs and summarizes many years’ of experiences and practices of trademark enforcement, and provides specific operational instructions for relevant trademark enforcement officers, shaping a transparent, predictable IP protection climate. Its 38 Articles deal with trademark use, same goods, similar goods, identical trademarks, similar trademarks, readily confusing, sales exemption, conflict of right, application of stay of trial, determination of right holder, among other things.
CNIPA will promote the implementation by interpreting the Criteria to the relevant public and beefing up training. In parallel, it will spare no efforts in handling guidance case, typical case and administration reply, improving operational guidance system, enhancing enforcement protection, bolstering IP protection and creating a sound operation climate, according to a principal of CNIPA’s IP Protection Department.