Pharmaceutical trademarks—China—Q&A guide
Pharmaceutical trademarks—China—Q&A guide

The following Life Sciences practice note provides comprehensive and up to date legal information covering:

  • Pharmaceutical trademarks—China—Q&A guide
  • 1. What is the primary law governing trademarks in your jurisdiction?
  • 2. Which agency is responsible for the grant and registration of pharmaceutical trademarks?
  • 3. What are the relevant national and international regulatory bodies and requirements that need to be considered when clearing a pharmaceutical trademark?
  • 4. What non-traditional trademarks are available in your jurisdiction and how are they registered?
  • 5. Does your jurisdiction allow the registration of cannabis-derived products?
  • 6. What are the rules governing parallel imports of pharmaceutical goods?
  • 7. What strategies are available to police and enforce against parallel imports?
  • 8. What types of legal or administrative proceedings are available to enforce against infringing products?
  • 9. What are the available remedies for infringement?
  • More...

Pharmaceutical trademarks—China—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to pharmaceutical trademarks in China published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Beijing Kangrui Law Firm—Echo Xu

1. What is the primary law governing trademarks in your jurisdiction?

The Trademark Law of the People's Republic of China (the Trademark Law) is the primary law governing trademarks in China. The Trademark Law was published in 1982, and revised three times in 1993, 2001 and 2013.

The most recently revision of the Trademark Law was made on 23 April 2019, and entered in force on 1 November 2019. Six articles of the Trademark Law were amended in the new revision for three purposes.

  1. First, there is a new article that the malicious trademark registration without intended use shall be rejected. This provision will apply to the examination of registration, opposition and invalidation.

  2. Second, the increased article is to regulate the trademark agencies' behaviour, that is, the trademark agencies shall not accept the entrustment if they know or should know that the client has exhibited malicious registration behaviour. Once found out, they shall be investigated for responsibility according to law.

  3. Third, there are new rules to punishment applicants and trademark agencies that apply for trademark registration and file litigation maliciously.

Besides the Trademark Law, Anti-Unfair Competition Law of the

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