Legal Framework and Authorities for Protection against Trademark Counterfeiting in China
date: 2018-08-22 Read by:

The Chinese legal system contains a multifaceted apparatus to combat trademark counterfeiting. This apparatus is comprised of relevant laws and regulations, enforcement by multiple administrative bodies, and the ability to bring suit in the People's Courts. This apparatus is also defined and reinforced by China's membership in multiple international intellectual property agreements.

Trademark counterfeiting is protected by the Trademark Law of the PRC, issued in 1982 and since revised several times to reflect the changes in the market; enforcing this law against trademark counterfeiting are several Chinese government agencies, such as Agency of Industry and Commerce, AQSIQ, and the General Administration of Customs. Criminal action against trademark counterfeiting can be brought by each of these agencies, following an investigation, to then be tried at People’s Courts.

China is also bound to all major relevant international treaties, and much of China’s modern intellectual property law, trademark counterfeiting protection included, aims to implement these agreements.


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