Comments to China National Intellectual Property Administration (CNIPA) on the Measures for Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comment)

2022-07-20 | Beijing, Shanghai

The European Chamber IPR Working Group welcomes the issuance of the draft measures. Geographical Indications are more and more the victims of unfair practices, and the strengthening of legal rights is necessary to protect the consumers. In particular, the link established with some of the provisions of the Trademark law are welcome (such as article 57 on the definition of infringing acts and the confiscation and destruction of infringing goods detained by an "innocent seller").

However, other clauses pose problems, such as the use of geographical indications in a company trade name, or the possible revocation of a collective or certification trademark due to malicious conflicting applications of genericity. European Chamber members commented on these matters and gave suggestions.