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PRC Gov. Agencies
Registration for the Kick-off Meeting on the Research of the Influence of Article 60 of the New Trademark Law to the Administrative Law Enforcement
Date:2015-07-16


     Dear All Members,
     
    As you know, Article 60 of the new Trademark Law stipulates that if any person not knowingly sells the commodities that have infringed upon other’s exclusive right to use a registered trademark but is able to prove that he/she has obtained those commodities legitimately and to specify the provider, it shall subject to the Administration for Industry and Commerce to order the seller to stop the sale of infringing goods. In the real practices, there is a tendency of abusing this clause by the infringers to escape from law enforcement and punishment, e.g. the manufacturer / supplier of infringing goods sets up a trading company which is used to escape from / delay law enforcement by claiming that they do not knowingly sell infringing goods. This provision excludes the confiscation or the destruction of the infringing commodities as a relief, which seriously influenced the AIC’s enforcement. Once the infringer provides a purchase order, a contract or an invoice as prima facie evidence, the infringing goods could not be confiscated not mentioning destruction.
     
    To clearly reflect the problem the right holders facing on this article, this year BPEC initiated a research project with East China University of Political Science and Law(ECUPL) on the influence of Article 60 of the new Trademark law to the administrative law enforcement. The objective of this project is to advise on the amendment of legislation by empirical analysis of the law application of Art. 60. Now a kick-off meeting will be held in ECUPL to seek members’ comments in practice and work out the outline of this research. Please refer to below meeting information:
     
    Time:July 23, 13:30-17:00
    Venue: 3F Meeting Room, Huayi Building, ECUPL 华政华谊楼3楼会议室
    Seats for QBPC:15. First come, first serve
     
    Interested members, please kindly register by COB July 21.
     
    Please feel free to contact Lizzy Liu at lizzyliu@qbpc.org.cn and Conan Chen at conchen@cn.estee.com for any question.
     
    Best Practices/Enforcement Committee of QBPC
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