As of September 15, 2009, the Trademark Office under the State Administration of Industry and Commerce (SAIC) examined 1.005 million applications for trademark registration, a rise of 153% year-on-year. It finished such works in merely 8 and half months, 21 months earlier than the average level. As of September 30 this year, China received cumulative 7.011 million applications for that, and certified 3.956 million, both pacing all the states in the world.
World-class legislations

The rapid development of China's trademark practice needs the improvement of legislations. Since the enactment of the trademark law on March 1, 1983, it has been amended twice in February 1993 and October 2001. SAIC later promulgated Regulations on the Determination and Protection of Well-Known Marks, Measures on the Registration and Administration of Collective Marks and Certification Marks, Implementing Measures on International Registration of Marks under the Madrid System, Measures on Administration of Printing of Trademark Labels and Rules on Trademark Review and Adjudication.  In addition, the Supreme People's Court (SPC) formulated the Judicial Interpretation on Application of Laws in the Trial of Trademark Civil Disputes.  A relatively fully functional trademark legal system was shaped.

The Outline of National IP Strategy was released on June 5, 2008. SAIC took charge of the 40 tasks among the 79 ones of the outline. In a bid to ensue the implementation of the outline, SAIC studied the guiding concepts and contents of the third amendment and determined the principles and directions. The legislative process of the Trademark Representations was facilitated. Amendment of the Unfair Competition Law was accelerated with the hardening of trade secret protection. Rules on Well-known Trademark Determination were drafted to increase determination quality and fend off monitoring and disciplinary risk. Draft and implement Standard for Trademark Examination, Provisional Measures on Trademark Examination Quality. Refine Scope of Trademark Cases Permitting Advance Adjudication and Working Mechanism for Trademark Case Adjudication.

Dual track protection displays Chinese characteristics

In 2008, the administrations of industry and commerce (AICs) waged nationwide campaigns in a bid to bolster protection of Olympic Symbols, handling 1,721 cases of illegal use of that, and handled 5,858 cases of infringement worth 34,840 yuan. It offered a favorable environment for the smooth operation of the Olympics.

In an effort to strengthen trademark administrative enforcement and create a environment for fair and order competition, AICs goes from up to down, SAIC, province, city and county AICs, with 400,000 uniform and efficient civil servants in service.  In 2008, AICs at all levels across China investigated 56,634 cases of trademark violations, 47,045 of which were infringement and counterfeiting; seized and removed 19.63 million sets of illegal trademark labels, seized and destroyed 22.87 million pieces of goods, imposed 467,400 yuan in fines.

Cooperation elevates international status

China has made concerted efforts to facilitate international cooperation and communication and strengthen protection in this sector. Before 1979, there were only 20 countries and regions registering trademarks in China.  As of the end of 2008, over 130 had registered cumulative 530,000 trademarks in China, up over 100 times. China has now shaped a trademark law system both in sync with its national condition and international rules. Since 1980，China has acceded to 6 international conventions or treaties, effectively promoting the trademark protection in this regard.

Great emphasis has also placed by Chinese government on guiding corporations to enter into international market with trademark international registration system. Based on the cooperation between China and WIPO, China processed 17,000 applications for the territorial extension under the Madrid System for International Registration of Marks in 2008, up 4.9% over 2007.  The cumulative number of this category is over 139,900.

Help corporations to venture overseas market

In recent 2 years, against the odds imposed by financial crisis, Chinese corporations have accelerated its pace of Venture-Out strategy through the international registration under the Madrid System. The achievements they have made includes: brand competitiveness continues to increase, well-known brands in light industry, textile and manufacturing come into the fore, which enable them to stand out in global competition. In addition, some domestic famous corporations continue to increase its overseas market share by opening factory in foreign countries, combination and co-business.

According to the objectives set in the Opinions on Implementation of Outline of National IP Strategy and Facilitating Trademark Strategy, by 2020, China's international trademark registrations would be geared to its foreign trade status, exports and services with self-generated trademark would elevate in foreign trade, and trademark would provide a strong support for Chinese corporations to engage in market competition and implement Venture-Out strategy.

(China IP News)