Beijing’s IP Court held a press conference (4/24/2017) to highlight how it intends to deal with bad-faith filing under a raft of new rules issued by Beijing.
Following are some of the new measures to be introduced.
- Take into account the circumstance where the applicant’s bad faith has been confirmed in a previous case.
- Publish “bad faith” cases by specifying the names of the trademark agencies and attorneys who represent the bad-faith trademark applicant.
- Increase the burden of proof on trademark agencies when they are suspicious of violating some articles of the law concerning good faith.
- Strengthen coordination and communication with other administrations to attack bad-faith filings.
The Beijing IP Court simultaneously publicized eighteen typical cases concerning bad-faith trademark filing (well-known trademarks, filing by the agent, filing a prior used trademark with a certain reputation, massive filing of trademarks without the intention of use, filing celebrity’s personal name).
Lexology has published a detailed report on recent developments in China here