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The Regulations impose
serious penalties for the infringement of trademark rights. The
maximum amount of the penalty for such infringement equals to three
times of the illegal turnover. Should the illegal turnover cannot
be determined, the cap of fine will be RMB 100,000.
Any individual or unit can file a complaint
at the Administration for Industry and Commerce or report a trademark
infringement. The Regulation renders several explicit definitions
for the new amended Trademark Law. Subject to the provisions, trademark
infringement means one of the following acts: using names or trade
dresses of marks that are same as or similar to registered trademarks
and thus causing public confusion; intentionally providing services
such as storage, transportation, mailing or concealment to facilitate
the infringement of another's exclusive right to use a trademark.
The new Regulations also allow applications
for registration of geographical indications as certification of
collective trademarks.
─Linus Zhu
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