Policies & Regulations

Trademark

1. China IP Office released the Guidelines for Interpretation on Classification of Good and Services for the Purpose of the Registration of Trademarks

The China IP Office released the Guidelines for Interpretation on Classification of Good and Services for the Purpose of the Registration of Trademarks on December 29, 2023.

The Guidelines introduce the ways and features of the classification of goods and services in China, and in particular provides guidelines for adopting and determining the descriptions of goods and services in trademark registration, for determining the similarity of goods or services, and for some critical issues concerning classification in various proceedings concerning trademarks.

2. China IP Office released the Guidelines for Requirements on the Distinctiveness of Untraditional Trademarks

The China IP Office released the Guidelines for Requirements on the Distinctiveness of Untraditional Trademarks on December 29, 2023.

The Guidelines provide detailed guidelines for ascertaining the distinctiveness of three categories of untraditional Trademarks, namely three-dimensional trademarks, color-combination trademarks, and sound trademarks.

3. China IP Office promulgated the Regulations for Protection of the Products with Geographical Indications

On December 29, 2023, the China IP Office promulgated the Regulations for Protection of the Products with Geographical Indications, which came into force on February 1, 2024.

The Regulations provide for the duties of competent supervision authorities, the standards and procedures for the examination of products with geographical indications, the duties and obligations of applicants and manufacturers, and protection measures.

The Regulations partially overlap with the old Rules for Protection of the Products with Geographical Indications, which is still effective. In the case of any discrepancy, the new Regulations shall prevail.

4. China IP Office promulgated the Rules for Registration and Administration of Collective Marks and Certification Marks

On January 2, 2024, the China IP Office promulgated the Rules for Registration and Administration of Collective Marks and Certification Marks, which came into force on February 1, 2024.

The Rules strengthen the administrative requirements for the registrants and users of collective marks and certification marks, and in particular provides for the registration and justified use of such marks containing a geographic name.

The Rules partially overlap the old Regulations for Registration and Administration of Collective Marks and Certification Marks, which is still effective. In the case of any discrepancy, the new Rules shall prevail.

Entertainment Law

Supreme People's Court Issues Judicial Recommendation on Strengthening Intellectual Property Protection Services and Promoting High-Quality Development of the Film Industry

In November 2023, at the first Intellectual Property Protection Forum of the 2023 Golden Rooster and Hundred Flowers Film Festival, held by the Intellectual Property Judicial Protection Research Center of the Supreme People's Court and the China

Film Association, judges of the Supreme People's Court put forward four judicial suggestions on the characteristics and causes of current film-related intellectual property disputes.

First, to accelerate the high-quality development of the film industry on track with the rule of law, and to advocate and practice industry practices that encourage innovative creation. Second, to strengthen the awareness of copyright, to strictly implement the copyright law, and to strengthen the protection of film copyright and copyright-related rights. Third, to make good use of technical measures, to innovate the licensing mechanism, and to reduce the occurrence of infringement from the source. Fourth, to actively and widely publicize the protection of intellectual property rights in the dissemination of film works.

By issuing the Recommendation, the Supreme People's Court of China demonstrated the firm determination of the Chinese judicial authorities to strengthen the protection of film intellectual property rights, and also demonstrated that the purpose of protecting intellectual property rights is to protect innovation. Strengthening the protection of intellectual property rights of films can better protect originals, and protect the legitimate rights and interests of industry investors and practitioners.