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Thirteenth the 10th times the conference decides the Standing Committee of the National People's Congress:
Right " trademark law of People's Republic of China " make revise
(One) will the 4th the first long instead: "Other perhaps organization is producing natural person, legal person in management activity, to its commodity perhaps serves need to gain trade mark of special right, ought to apply for brand to register to brand bureau. Do not register application in order to use the baleful label for the purpose, ought to give reject. Ought to give reject..
(2) will the 19th the 3rd long instead: "The brand that brand representative orgnaization knows or ought to know client to apply for to register belongs to Benfadi 4, with thirtieth 2 set condition the 15th, must not accept its to entrust. Must not accept its to entrust..
(3) thirtieth 3 repair instead: "To brand of preliminary and authorized declared, inside 3 months since the day from announcement, person of prevenient obligee, interests thinks to disobey Benfadi 13 the 2nd mixes the 3rd, the 15th, the 16th the first paragraph, thirtieth, thirtieth, thirtieth sets 2 times, or anybody thinks to disobey Benfadi 4, the 10th, eleventh, dozenth, of the 19th the 4th section provision, can to brand bureau demur. Announcement expires consentient, give approve is registered, send brand to register card, grant announcement. Grant announcement..
(4) will the 44th the first long instead: "The trademark that has registered, disobey Benfadi 4, the 10th, eleventh, dozenth, of the 19th the 4th section provision, or with cheating a method other perhaps shocking measure is obtained register, by brand bureau declare this registered trade mark disables; Other unit or the individual can request brand to evaluate committee to proclaim this registered trade mark is invalid. Other unit or the individual can request brand to evaluate committee to proclaim this registered trade mark is invalid..
(5) will the 63rd the first medium " one times above 3 times the following " repair instead " one times above is fivefold and the following " ; The 3rd medium " 3 million yuan the following " repair instead " 5 million yuan the following " ; Increase two to serve as the 4th respectively, the 5th: "People court hears trademark dispute case, should obligee request, the commodity of sham to belonging to registered trade mark, outside dividing special situation, instruct destroy by melting or burning; The material of the commodity of sham to basically be being used at making registered trade mark, tool, instruct destroy by melting or burning, and do not grant to compensate; Perhaps fall in special situation, instruct material, tool is narrated to enter commercial channels before prohibiting, and do not grant to compensate.
"The commodity of sham registered trade mark must not be in only purify enters commercial channels after sham registered trade mark. "The commodity of sham registered trade mark must not be in only purify enters commercial channels after sham registered trade mark..
(6) will the 68th the first the 3rd long instead: "(3) disobey Benfadi 4, the 19th of paragraph and the 4th the 3rd regulation " ; Increase to serve as the 4th: "To baleful application brand registers, give the administration such as warning, amerce punishment according to the clue; Mention to ill will of trademark suit, give punishment lawfully by people court. Give punishment lawfully by people court..
Right " People's Republic of China opposes unfair competition law " make revise
(One) repair the 9th instead: "Operator must not carry out following the act that violates commercial secret:
"(one) the business that invades other perhaps shocking measure to get obligee with theft, bribery, con, threatening, electron is private;
"(2) the exposure, business that use or allows other to use the obligee that gets with ditto method is private;
"(3) the requirement that violates confidential obligation to perhaps disobey obligee to concern conservative trade secret, the exposure, business that use or allows other to use its place to master is private;
"(4) abet, entice, the demand that helps other disobey confidential obligation to perhaps disobey obligee to concern conservative trade secret, get, the exposure, business that use or allows other to use obligee is private.
"The other natural person beyond operator, legal person and row of place of the fund before be not legal person organization to carry out violate act, regard as encroach commercial secret.
"The employee that the 3rd person is known perfectly well or should tell commercial secret obligee, before other perhaps unit, individual carries out employee an illegal behavior of row of the first place, still get, exposure, use or allow other to use this trade secret, regard as encroach commercial secret.
"The business that this law place weighs is private, it is to point to do not be the commercial news such as the public place know, technology news that have commercial value and takes corresponding and confidential step via obligee, management information.
(2) repair the seventeenth instead: "Operator disobeys this code to decide, cause to other damage, ought to assume civil responsibility lawfully.
"The legitimate rights and interests of operator is damaged by unfair competition behavior, can to people court to lodge a complaint.
"Because of the compensatory amount of the operator that unfair competition behavior is damaged, decide because of the actual loss that is gotten by tort place according to its; Actual loss hard calculative, the interest that acquires because of tort place according to the infringer is certain. Operator ill will is carried out violate commercial secret act, the clue is serious, can be in the one times above that determines amount according to afore-mentioned methods compensates for amount certainly below fivefold. Compensatory amount still ought to include operator to be the reasonable expenditure that checks tort behavior place pays.
"Operator disobeys Benfadi 6, the 9th regulation, because obligee is obtained because of tort place by the actual loss that tort place gets, infringer the interest decides hard, by people court basis the clue court decision of tort behavior offers obligee 5 million yuan of the following compensation. By people court basis the clue court decision of tort behavior offers obligee 5 million yuan of the following compensation..
(3) repair the 21st instead: "Operator and other natural person, legal person and illegal person organization disobey Benfadi 9 regulations encroach commercial secret, by supervisory examination the branch is instructed stop to violate act, confiscate illegal earning, be in million of 100 thousand yuan of above yuan the following amerce; The clue is serious, be in 500 thousand yuan of above 5 million yuan of the following amerce. Be in 500 thousand yuan of above 5 million yuan of the following amerce..
(4) increase, regard thirtieth as 2: "In the civil trial order that violates commercial secret, commercial secret obligee provides preliminary evidence, the commercial secret that proves its had advocated to place takes confidential step, and reasonable show commercial secret is encroached, the business that the commercial secret that is suspected of an infringer ought to proving obligee place advocates does not belong to this code to decide is private.
"Commercial secret obligee provides preliminary evidence reasonable show commercial secret is encroached, and those who provide one of the following evidence, be suspected of an infringer ought to proving its are nonexistent the act that violates commercial secret:
"(one) evidence makes clear be suspected of an infringer having medium of communication or the opportunity gets commercial secret, and the information that its use and this trade secret are substantial identical;
"(2) evidence shows commercial secret has been been suspected of infringer exposure, use or have by exposure, use risk;
"(3) other evidence shows commercial secret is suspected of the infringer is encroached. "(3) other evidence shows commercial secret is suspected of the infringer is encroached..
" trademark law of People's Republic of China " modification provision applies since November 1, 2019, the modification provision of other law applies since the day that this decision announces.
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