On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement, while the changes to the AUCL are aimed at improving the protection for trade secrets. The changes to the TML will enter into force on 1 November 2019, while the changes to the AUCL are effective immediately, as from 23 April 2019.
These amendments will have a profound impact on the Chinese trademark and trade secret practice. In particular, the provisions regarding the rejection of bad faith trademarks at the examination stage and regarding the reversal of the burden proof in trade secret cases are hailed by IP practitioners as some of the most significant legal breakthroughs in Chinese IP law in recent years.
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