(By Luo Yanjie) Abstract: “Agent” in conduct of Agent’s preemptive registration refers to “trademark agents, representatives or other agents and representatives based on sales and agency relationship such as distribution and agency”. Commodities that no agent or representative may apply for registration include commodities same as the commodities where the trademarks of the principals or the persons represented are attached to as well as other similar commodities. Considering trademark is a private right, judicial institutions shall fully respect parties’ autonomy.
(By Zhan Yi) On August 30, 2013, the Standing Committee of the National People’s Congress promulgated the Decisions of the Standing Committee of the National People’s Congress Concerning Alterations to the Trademark Law of the People’s Republic of China, which shall be implemented on May 1, 2014. Our website has already translated the Full text of 2013 China Trademark Law in a previous post, and compiled and provided a comparative version highlighting the differences between the 2001 Trademark Law and 2013 Trademark Law. Starting with today’s post, we will introduce and discuss the most important revisions and changes found in the 2013 Trademark Law. In today’s post, we will introduce the first part.
—introduction on the application for the patent preliminary injunction in China.
Today, Bridge IP Law Commentary will continue to introduce you the patent preliminary injunction in China Patent Law, and to follow the last essay on the system, this time we will introduce you the key points in the injunction application when the conditions are satisfied (as to the conditions, please refer to Matters for Attention in the Patent Preliminary Injunction Application in China, I).
I. When and whom to apply the patent preliminary injunction
The patent preliminary injunction should be applied to the court which is hearing the case in 15 days before the lawsuit. It regulates 15 days mainly due to the reason that the injunction will be relieved shall no lawsuit has been initiated in such period.