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                         Patent Law of the People's Republic of China    
Adopted at the 4th Meeting of the Standing Committee of the Sixth National People's Congress on March 12,1984
       
Amended in accordance with the Decision of the Standing Committee of the Seventh National People's Congress on Amending the Patent
Law of the People's Republic of China at its 27th Meeting on September 4,1992
       
Amended again in accordance with the Decision of the Standing Committee of the Ninth National People's Congress on Amending the Pa-
tent Law of the People's Republic of China adopted at its 17th Meeting on August 25,2000)
TABLE OF CONTENTS
 Chapter I   General Provisions
 Chapter II  Requirements for Grant of Patent Right
 Chapter III  Application for Patent
 Chapter IV  Examination and Approval of Application for Patent
 Chapter V  Duration, Cessation and Invalidation of Patent Right
 Chapter VI  Compulsory License for Exploitation of Patent
 Chapter VII  Protection of Patent Right
 Chapter VIII  Supplementary Provisions
 Chapter I  General Provisions
Article 1   This Law is enacted to protect patent rights for inventions-creations, to encourage invention-creation,  to foster the
spreading and application of inventions-creations, and to promote the development and innovation of science and technology, for me-
eting the needs of the construction of socialist modernization.
Article 2   In this Law, "inventions-creations"  mean   inventions, utility models and designs.
Article 3   The patent administration department under the State Council  is responsible for the patent work throughout the country
. It receives and examines patent applications and grants patent rights for inventions-creations in accordance with law.
      The administrative authority for patent affairs under  the people's governments of provinces, autonomous regions and munici-
palities directly under the Central Government are responsible for the administrative work concerning patents in their respective 
administrative areas .
Article 4   Where an invention-creation for which a patent is applied for relates to the security or other vital interests of the
State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State.
Article 5   No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social moral-
ity or that is detrimental to public interest.
Article 6   An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him 
mainly by using the material and technical means of the entity is a service invention-creation. For a service invention-creation, 
the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.
      For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the applica-
tion is approved, the inventor or creator shall be the patentee.
      In respect of an invention-creation made by a person using the material and technical means of an entity to which he belongs,
where the entity and the inventor or creator have entered into a contract  in which the right to apply for and own a patent is pro-
vided for, such a provision shall apply.
Article 7.  No entity or individual shall prevent the inventor or creator from filing an application for a patent for a non-service
invention-creation.
Article 8.  For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in ex-
ecution of a commission given to it or him by another entity or individual, the right to apply for a patent belongs, unless other-
wise agreed upon, to the entity or individual that made, or to the entities or individuals that jointly made, the invention-crea-
tion. After the application is approved, the entity or individual that applied for it shall be the patentee.
Article 9.  Where two or more applicants file applications for patent for the identical invention-creation, the patent right shall
 be granted to the applicant whose application was filed first.
Article 10.  The right to apply for a patent and the patent right may be assigned.
      Any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner
must be approved by the competent department concerned of the State Council.
      Where the right to apply for a patent or the patent right is assigned, the parties shall conclude a written contract and re-
gister it with the patent administration department under the State Council.  The patent administration department under the State
Council  shall announce the registration. The assignment shall take effect as of the date of registration.
Article 11  After the grant of the patent right for an invention or utility model, except where otherwise provided for in this Law
, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, 
sell or import the patented product, or use the patented process, and use, offer to sell, sell or import the product directly ob-
tained by the patented process, for production or business purposes.
      After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, 
exploit the patent, that is, make, sell or import the product incorporating its or his patented design, for production or business
purposes.
Article 12.  Any entity or individua1 exploiting the patent of another shall conclude with the patentee a written license contract
for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity 
or individual, other than that referred to in the contract for exploitation, to exploit the patent.
Article 13.  After the publication of the application for a patent for invention, the applicant may require the entity or individual
exploiting the invention to pay an appropriate fee.
Article 14.  Where any patent for invention, belonging to any State-owned enterprise or institution, is of great significance to
 the interest  of the State or to the public interest, the competent departments concerned under the State council and the people's
governments of provinces, autonomous regions or municipalities directly under the Central Government may, after approval by the 
State Council, decide that the patented invention be spread and applied within the approved  limits, and allow designated entities 
to exploit that invention. The exploiting entity shall, according to the regulations of the State, pay a fee for exploitation to 
the patentee .
      Any patent for invention belonging to a Chinese individual or an entity under collective ownership, which is of great signi-
ficance to the interest of the State or to the public interest and is in need of spreading and application, may be treated alike 
by making reference to the provisions of the preceding paragraph.
Article l5.  The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product
or on the packing of that product.
Article 16.  The entity that is granted a patent right shall award to the inventor or creator of a service invention--creation a 
reward and, upon exploitation of the patented invention-creation, shall pay the inventor or creator a reasonable remuneration based
on the extent of spreading and application and the economic benefits yielded.
Article l7.  The inventor or creator has the right to be named as such in the patent document.
Article 18.  Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office
in China files an application for a patent in China, the application sha1l be treated under this Law in accordance with any agree-
ment concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to wh-
ich both countries are party, or on the basis of the principle of reciprocity.
Article l9.  Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office
in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a patent agency designat-
ed by  the patent administration department under the State Council  to act as his or its agent.
      Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or
 he may appoint a patent agency to act as its or his agent.
      The patent agency shall comply with the provisions of laws and administrative regulations, and handle patent applications 
and other patent matters according to the instructions of its clients. In respect of the contents of its clients' inventions-crea-
tions, except for those that have been published or announced, the agency shall bear the responsibility of keeping them confidential
. The administrative regulations governing the patent agency shall be formulated by the State Council.
Article 20.  Where any Chinese entity or individual intends to file an application in a foreign country for a patent for invention
-creation made in China, it or he shall file first an application for patent with the patent administration department under the 
State Council, appoint a patent agency designated by the said department  to act as its or his agent, and comply with the provisions
 of Article 4 of this Law.
      Any Chinese entity or individual may file an international application for patent in accordance with any international treaty
       concerned to which China is party. The applicant filing an international application for patent shall comply with the provi-
sions of the preceding paragraph.
      The patent administration department under the State Council shall handle any international application for patent in accord-
ance with the international treaty concerned to which China is party, this Law and the relevant regulations of the State Council.
Article 21. The patent administration department under the State Council and its Patent Reexamination Board shall handle any patent
application and patent-related request according to law and in conformity with the requirements for being objective, fair, correct 
and timely.
      Until the publication or announcement of the application for a patent, staff members of the patent administration department
under the State Council and other persons involved have the duty to keep its contents secret.
Chapter II  Requirements for Grant of Patent Right
Article 22.  Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical
app1icability.
      Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publica-
tions in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any
other person filed previously with the Patent Administration Department Under the State Council  an application which described the
identical invention or utility mode1 and was published after the said date of filing.
      Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent sub-
stantive features and represents a notable progress and that the utility model has substantive features and represents progress.
      Practical applicability means that the invention or utility model can be made or used and can produce effective results.
   
Article 23.  Any design for which patent right may be granted must not be identical with and simi1ar to any design which, before the
date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and
must not be in conflict with any prior right of any other person.
Article 24.  An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the
date of filing, one of the following events occurred: 
      (l) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;
      (2) where it was first made public at a prescribed academic or technological meeting;
      (3) where it was disc1osed by any person without the consent of the applicant.
Article 25  For any of the following, no patent right shall be granted:
      (1) scientific discoveries;
      (2) rules and methods for mental activities;
      (3) methods for the diagnosis or for the treatment of diseases;
      (4) animal and plant varieties;
      (5) substances obtained by means of nuclear transformation.
      For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in
accordance with the provisions of this Law.
Chapter III  Application for Patent
Article 26. Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, 
and claims shall be submitted.
       The request shall state the title of the invention or utility model, the name of the inventor or creator, the name and the
address of the applicant and other related matters.
       The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable
a person skilled in the re1evant field of techno1ogy to carry it out; where necessary, drawings are required. The abstract shall 
state briefly the main technical points of the invention or utility model.
      The claims sha1l be supported by the description and shal1 state the extent of the patent protection asked for.
Article 27.  Where an app1ication for a patent for design is filed, a request, drawings or photographs of the design shall be sub-
mitted, and the product incorporating the design and the class to which that product be1ongs shall be indicated.
Article 28.  The date on which the Patent Administration Department Under the State Council receives the application shall be the 
date of filing. If the app1ication is sent by mail, the date of mailing indicated by the postmark shall be the date of filing.
Article 29.  Where , within twelve months from the date on which any applicant first filed in a foreign country an application for
 a Patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign coun-
 try an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or
it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any internat-
ional treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, en-
joy a right of priority.
      Where, within twelve months from the date on which any applicant first filed in China an application for a patent for inven-
tion or utility model, he or it files with the Patent Administration Department Under the State Council  an application for a pa-
tent for the same subject matter , he or it may enjoy a right of priority.
Article 30.  Any applicant who claims the right of priority shall make a written declaration when the application is filed, and sub-
mit, within three months, a copy of the patent application document which was first filed ; if the applicant fails to make the wri-
tten declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall
 be deemed not to have been made.
Article 3l.   An application for a patent for invention or utility model shall be limited to one invention or uti1ity model. Two or 
more inventions or utility models belonging to a single general inventive concept may be filed as one application.
      An application for a patent for design shall be limited to one design incorporated in one product. Two or more designs which 
are incorporated in products belonging to the same c1ass and are sold or used in sets may be filed as one application.
Article 32.  An applicant may withdraw his or its application for a patent at any time before the patent right is granted.
Article 33. An applicant may amend his or its application for a patent, but the amendment to the application for a patent for inven-
tion or utility model may not go beyond the scope of the disclosure contained in the initial description and claims, and the amend-
ment to the application for a patent for design may not go beyo Chapter IV  Examination and Approval of Application for Patent
Article 34.  Where, after receiving an application for a patent for invention, the Patent Administration Department Under the State
 Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall pub-
 lish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, 
the Patent Administration Department Under the State Council  publishes the application earlier.
Article 35.  Upon the request of the applicant for a patent for invention, made at any time within three years from the date of 
filing, the Patent Administration Department Under the State Council  will proceed to examine the application as to its substance. 
If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the appli-
cation shall be deemed to have been withdrawn.
      The Patent Administration Department Under the State Council  may, on its own initiative, proceed to examine any application 
for a patent for invention as to its substance when it deems it necessary.
Article 36. When the applicant for a patent for invention requests examination as to substance , he or lit shall furnish pre-filing
 date reference materials concerning the invention.
      For an application for a patent for invention that has been already filed in a foreign country, the patent administration de-
partment under the State Council  may ask the app1icant to furnish within a specified time limit documents concerning any search 
made for the purpose of examining that application, or concerning the results of any examination made, in that country. If, at the
 expiration of the specified time limit, without any justified reason, the said documents are not furnished, the application shall 
 be deemed to have been withdrawn.
Article 37. Where the Patent Administration Department Under the State Council , after it has made the examination as to substance
of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, 
it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend 
the application. If, without any justified reason, the time limit for making response is not met, the application shall be deemed
to have been withdrawn.
Article 38.   Where, after the applicant has made the observations or amendments, the Patent Administration Department Under the
 State Council  finds that the application for a patent for invention is still not in conformity with the provisions of this Law,
the application shall be rejected.
Article 39.  Where it is found after examination as to substance that there is no cause for rejection of the application for a pa-
tent for invention, the patent administration department under the State Council  shall make a decision to grant the patent right 
for invention, issue the certificate of patent for invention, and register and announce it. The patent right for invention shall 
take effect as of the date of the announcement.
Article 40.  Where it is found after preliminary examination that there is no cause for rejection of the application for a patent 
for utility model or design, the patent administration department under the State Council shall make a decision to grant the patent
 right for utility model or the patent right for design, issue the relevant patent certificate, and register and announce it. The 
 patent right for utility model or design shall take effect as of the date of the announcement.
Article 41.  The patent administration department under the State Council  shall set up a Patent Reexamination Board. Where an app-
licant for patent is not satisfied with the decision of  the said department  rejecting the application,  the applicant may, with-
in three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The
 Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant for patent.
      Where the applicant for patent  is not satisfied with the decision of the Patent Reexamination Board, it or he may, within
three months from the date of receipt of the notification, institute legal proceedings in the people's court.
 nd the scope of the disclosure as shown in the initial drawings or photographs.
Chapter V   Duration, Cessation and Invalidation of Patent Right
Article 42.  The duration of patent right for inventions shall be twenty years, the duration of patent right for utility models 
and patent right for designs shall be ten years, counted from the date of filing.
Article 43.  The patentee shall pay an annual fee beginning with the year in which the patent right was granted.
Article 44.   In any of the following cases, the patent right shall cease before the expiration of its duration:
      (1) where an annual fee is not paid as prescribed;
      (2) where the patentee abandons his or its patent right by a written declaration.
      Any cessation of the patent right shall be registered and announced by the Patent Administration Department Under the State 
Council .
Article 45.  Where, starting from the date of the announcement of the grant of the patent right by the patent administration depart-
ment under the State Council, any entity or individual considers that the grant of the said patent right is not in conformity with
 the relevant provisions of this Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.
Article 46. The Patent Reexamination Board shall examine the request for invalidation of the patent right  promptly, make a deci-
sion on it and notify the person who made the request and the patentee. The decision declaring the patent right invalid shall be 
registered and announced by the patent administration department under the State Council.
      Where the patentee or the person who made the request for invalidation is not satisfied with the decision of the Patent Re-
examination Board declaring the patent right invalid or upholding the patent right, such party may, within three months from re-
ceipt of the notification of the decision, institute legal proceedings in the people's court. The people's court shall notify the
 person that is the opponent party of that party in the invalidation procedure to appear as a third party in the legal proceedings.
   
Article 47.  Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning.
      The decision declaring the patent right invalid shall have no retroactive effect on any judgement or ruling of patent in-
fringement which has been pronounced and enforced by the people's court, on any decision concerning the handling of a dispute over 
patent infringement which has been complied with or compulsorily executed, or  on any contract of patent license or of assignment 
of patent right which has been performed  prior to the declaration of the patent right invalid; however, the damage caused to other
persons in bad faith on the part of the patentee shall be compensated.
      If, pursuant to the provisions of the preceding paragraph, the patentee or the assignor of the patent right makes no repayment
to the licensee or the assignee of the patent right of the fee for the exploitation of the patent or of the price for the assignment
 of the patent right, which is obviously contrary to the principle of equity, the patentee or the assignor of the patent right shall
repay the whole or part of the fee for the exploitation of the patent or of the price for the assignment of the patent right to the
licensee or the assignee of the patent right.
Chapter VI  Compulsory License for Exploitation of Patent
Article 48.  Where any entity which is qualified to exploit the invention or utility model has made requests for authorization from
the patentee of an invention or utility model to exploit its or his patent on reasonable terms and conditions and such efforts have
 not been successful within a reasonable period of time, the Patent Administration Department Under the State Council   may, upon
the request of that entity, grant a compulsory license to exploit the patent for invention or utility model.
Article 49.   Where a national emergency or any extraordinary state of affairs occurs, or where the public interest so requires, 
the Patent Administration Department Under the State Council  may grant a compulsory license to exploit the patent for invention or
 utility model.
Article 50.   Where the invention or utility model for which the patent right has been granted involves important technical advance
 of considerable economic  significance in relation to another invention or utility model for which a patent right has been granted
earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention or utility
model, the patent administration department under the State Council  may, upon the request of the later patentee, grant a compulsory
license to exploit the earlier invention or utility model.
      Where, according to the preceding paragraph, a compulsory license is granted, the Patent Administration Department Under the
State Council  may, upon the request of the earlier patentee, also grant a compulsory license to exploit the later invention or uti-
lity model.
Article 51.   The entity or individual requesting, in accordance with the provisions of this Law, a compulsory license for exploita-
tion shall furnish proof that it or he has not been able to conclude with the patentee a license contract for exploitation on reason-
able terms and conditions.
Article 52.  The decision made by the patent administration department under the State Council  granting a compulsory license for 
exploitation shall be notified promptly to the patentee concerned, and shall be registered and announced.
      In the decision granting the  compulsory license for exploitation, the scope and duration of the exploitation shall be specifi-
ed on the basis of the reasons justifying the grant. If and when the circumstances  which led to such compulsory license cease to 
exist and are unlikely to recur, the patent administration department under the State Council  may, after review upon the request 
of the patentee, terminate the compulsory license.  
Article 53.   Any entity or individual that is granted a compulsory license for exploitation shall not have an exclusive right to 
exploit and shall not have the right to authorize exploitation by any others.
Article 54.   The entity or individual that is granted a compulsory license for exploitation shall pay to the patentee a reasonable
 exploitation fee, the amount of which shall be fixed by both parties in consultations. Where the parties fail to reach an agreement
 , the Patent Administration Department Under the State Council  shall adjudicate.
Article 55.  Where the patentee is not satisfied with the decision of  the patent administration department  under the State Council
granting a compulsory license for exploitation, or where the patentee or the entity or individual that is granted the compulsory 
license for exploitation is not satisfied with the ruling made by the patent administration department under the State Council  re-
garding the fee payable for exploitation, it or he may,  within three months from the receipt of the date of notification, institu-
te legal proceedings in the people's court.
Chapter VII  Protection of Patent Right
Article 56.   The extent of protection of the patent right for invention or utility model shall be determined by the terms of the
 claims. The description and the appended drawings may be used to interpret the claims.
      The extent of protection of the patent right for design shall be determined by the product incorporating the patented design
as shown in the drawings or photographs.
Article 57.   Where a dispute arises as a result of the exploitation of a patent  without the authorization of the patentee, that
 is, the infringement of  the patent right of the patentee, it shall be settled through consultation by the parties. Where the par-
 ties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institu-
 te legal proceedings in the people's court, or request the administrative authority for patent affairs to handle the matter. When
the administrative authority for patent affairs handling the matter considers that the infringement is established, it may order 
the infringer to stop the infringing act immediately. If the infringer is not satisfied with the order, he may, within 15 days from
the date of receipt of the notification of the order, institutes legal proceedings in the people's court in accordance with the Ad-
ministrative Procedure Law of the People's Republic of China. If, within the said time limit, such proceedings are not instituted 
and the order is not complied with, the administrative authority for patent affairs may approach the people's court for compulsory
execution. The said authority handling the matter may, upon the request of the parties, mediate in the amount of compensation for 
the damage caused by the infringement of the patent right.  If the mediation fails, the parties may institute legal proceedings in
the people's court in accordance with the Civil Procedure Law of the People's Republic of China.
      Where any infringement dispute relates to a patent for invention for a process for the manufacture of a new product, any en-
tity or individual manufacturing the identical product shall furnish proof to show that the process used in the manufacture of its
or his product is different from the patented process. Where the infringement relates to a patent for utility model, the people's 
court or the administrative authority for patent affairs may ask the patentee to furnish a search report made by the patent admin-
istration department under the State Council. 
Article 58.  Where any person passes off the patent of another person as his own, he shall, in addition to bearing his civil lia-
bility according to law, be ordered by the administrative authority for patent affairs to amend his act, and the order shall be 
announced. His illegal earnings shall be confiscated and , in addition, he may be imposed a fine of not more than three times his
illegal earnings and, if there is no illegal earnings, a fine of not more than RMB 50,000 yuan. Where the infringement constitutes
a crime, he shall be prosecuted for his criminal liability.
Article 59.  Where any person passes any non-patented product off as patented product or passes any non-patented process off as pa-
tented process, he shall be ordered by the administrative authority for patent affairs to amend his act , and the order shall be 
announced, and he may be imposed a fine of  no more than RMB 50,000 yuan.
Article 60.  The amount of compensation for the damage caused by the infringement of the patent right  shall be assessed on the 
basis of the losses suffered by the patentee or the profits which the infringer has earned through the infringement. If it is diffi-
cult to determine the losses which the patentee has suffered or the profits which the infringer has earned, the amount may be asse-
ssed by reference to the appropriate multiple of the amount of the exploitation fee of that patent under contractual license.  
Article 61.  Where any patentee or interested party has evidence to prove that another person is infringing or will soon infringe
its or his patent right and that if such infringing act is not checked or prevented from occurring in time, it is likely to cause
irreparable harm to it or him, it or he may, before any legal proceedings are instituted, request the people's court to adopt mea-
sures for ordering the suspension of  relevant acts and the preservation of property.
The people's court, when dealing with the request mentioned in the preceding paragraph, shall apply the provisions of Article 93 
through Article 96 and of Article 99 of the Civil Procedure Law of the People's Republic of China
Article 62. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from 
the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act.
      Where no appropriate fee for exploitation of  the invention, subject of an application for patent for invention, is paid 
during the period from the publication of the application to the grant of patent  right, prescription for instituting legal pro-
ceedings by the patentee to demand the said fee is two years counted from the date on which the patentee obtains or should have 
obtained  knowledge of the exploitation of his invention by another person. However, where the patentee has already obtained or 
should have obtained knowledge before the date of the grant of the patent right, the prescription shall be counted from the date
 of the grant.
    
Article 63.   None of the following shall be deemed an infringement of the patent right:
      (l) Where, after the sale of a patented product that was made or  imported by the patentee or with the authorization of the 
patentee, or of a product that was directly obtained by using the patented process, any other person uses, offers to sell or sells
 that product;
      (2) Where, before the date of filing of the application for patent, any person who has already made the identical product,
used the identical process, or made necessary preparations for its making or using, continues to make or use it within the ori-
ginal scope only;
      (3) Where any foreign means of transport which temporarily passes through the territory, territorial waters or territorial 
 airspace of China uses the patent concerned, in accordance with any agreement concluded between the country to which the foreign
 means of transport belongs and China, or in accordance with any international treaty to which both countries are party, or on the
basis of the principle of reciprocity, for its own needs, in its devices and installations;
      (4) Where any person uses the patent concerned solely for the purposes of scientific research and experimentation.
      Any person who, for production and business purposes, uses or sells a patented product or a product that was directly obtained
 by using a patented process, without knowing that it was made and sold without the authorization of the patentee, shall not be li-
 able to compensate for the damage of the patentee if he can  prove that he obtains the product from a legitimate source.
Article 64. Where any person, in violation of the provisions of Article 20 of this Law, files in a foreign country an application 
for a patent that divulges an important secret of the State, he shall be subject to disciplinary sanction by the entity to which he
belongs or by the competent authority concerned at the higher level. Where a crime is established, the person concerned shall be
 prosecuted for his criminal liability according to the law.
Article 65.   Where any person usurps the right of an inventor or creator to apply for a patent for a non-service invention-crea-
tion, or usurps any other right or interest of an inventor or creator, prescribed by this Law, he shall be subject to disciplinary
 sanction by the entity to which he belongs or by the competent authority at the higher level.
Article 66.  The administrative authority for patent affairs may not take part in recommending any patented product for sale to the
 public or any such  commercial activities.
      Where the administrative authority for patent affairs violates the provisions of the preceding paragraph, it shall be by the 
authority at the next higher level or the supervisory authority to correct its mistakes and eliminate the bad effects. The illegal
earnings, if any, shall be confiscated. Where the circumstances are serious, the persons who are directly in charge and the other
persons who are directly responsible shall be given disciplinary sanction in accordance with  law.    
 
Article 67.   Where any State functionary working for patent administration or  any other State functionary concerned neglects his
duty, abuses his power, or engages in malpractice for personal gain, which constitutes a crime, shall be prosecuted for his crimin-
al liability in accordance with law. If the case is not serious enough to constitute a crime, he shall be given  disciplinary san-
ction in accordance with law.

Chapter VIII   Supplementary Provisions
Article 68.   Any application for a patent filed with, and any other proceedings before, the Patent Administration Department Under
 the State Council  shall be subject to the payment of a fee as prescribed.
Article 69.    This Law shall enter into force on April l, 1985.




                  
                  
                   Trademark Law of the People's Republic of China
Adopted at the 24th Session of the Standing Committee of the Fifth National People's Congress on 23 August 1982, revised for the 
first time according to the Decision on the Amendment of the Trademark Law of the People's Republic of China adopted at the 30th
 Session of the Standing Committee of the Seventh National People's Congress, on 22 February 1993, and revised for the second time
according to the Decision on the Amendment of the Trademark Law of the People's Republic of China adopted at the 24th Session of
the Standing Committee of the Ninth National People's Congress on 27 October 2001.)
Chapter l General Provisions 
Article 1 This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use
trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintaining the re-
putation of their trademarks, with a view to protecting the interests of consumers, producers and operators and to promoting the de-
velopment of the socialist market economy. 
Article 2 The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsi-
ble for the registration and administration of trademarks throughout the country. 
    The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the
State Council, shall be responsible for handling matters of trademark disputes. 
Article 3 Registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks
, service marks, collective marks and certification marks; the trademark registrants shall enjoy the exclusive right to use the tr-
ademarks, and be protected by law. 
    Said collective marks mean sings which are registered in the name of bodies, associations or other organizations to be used by
the members thereof in their commercial activities to indicate their membership of the organizations. 
    Said certification marks mean signs which are controlled by organizations capable of supervising some goods or services and 
used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode 
of manufacture, quality or other characteristics of the goods or services. 
    Regulations for the particular matters of registration and administration of collective and certification marks shall be es-
tablished by the administrative authority for industry and commerce under the State Council. 
Article 4 Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark for
 the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of
the trademark with the Trademark Office. Any natural person, legal entity or other organization intending to acquire the exclusive
right to use a service mark for the service provided by it or him, shall file an application for the registration of the service 
mark with the Trademark Office. 
    The provisions set forth in this Law concerning trademarks shall apply to service marks. 
Article 5 Two or more natural persons, legal entities or other organizations may jointly file an application for the registration
for the same trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark. 
Article 6 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration 
must be applied for. Where no trademark registration has been granted, such goods cannot be marketed. 
Article 7 Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The
 administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, stop any
practice that deceives consumers. 
Article 8 In respect of any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any
other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, 
combinations of colours, and their combination, an application may be filed for registration. 
Article 9 Any trademark in respect of which an application for registration is filed shall be so distinctive as to be distinguish-
able, and shall not conflict with any prior right acquired by another person. 
    A trademark registrant has the right to use the words of "registered trademark" or a symbol to indicate that his trademark is
registered. 
Article 10 The following signs shall not be used as trademarks: 
  (1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the 
People's Republic of China, with names of the places where the Central and State organs are located, or with the names and designs
of landmark buildings; 
  (2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries,
except that the foreign state government agrees otherwise on the use; 
  (3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, 
except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public; 
  (4) those identical with or similar to official signs and hallmarks, showing official control or warranty by them, except that 
the use thereof is otherwise authorized; 
  (5) those identical with or simi1ar to the symbols, or names, of the Red Cross or the Red Crescent; 
  (6) those having the nature of discrimination against any nationality; 
  (7) those having the nature of exaggeration and fraud in advertising goods; and 
  (8) those detrimental to socialist morals or customs, or having other unhealthy influences. 
    The geographical names as the administrative divisions at or above the county level and the foreign geographical names well 
known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of coll-
ective marks/or a certification marks shall be exclusive. Where a trademark using any of the above-mentioned geographical names has
 been approved and registered, it shall continue to be valid. 
Article 11 The following signs shall not be registered as trademarks: 
  (1) those only comprising generic names, designs or models of the goods in respect of which the trademarks are used; 
  (2) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the
goods in respect of which the trademarks are used; and 
  (3) those lacking distinctive features. 
    The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features thr-
ough use and become readily identifiable. 
Article 12 Where an application is filed for registration of a three-dimensional sign as a trademark, any shape derived from the 
goods itself, required for obtaining the technical effect, or giving the goods substantive value, shall not be registered. 
Article 13 Where a trademark in respect of which the application for registration is filed for use for identical or similar goods 
is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, 
it shall be rejected for registration and prohibited from use. 
    Where a trademark in respect of which the application for registration is filed fdr use for non-identical or dissimilar goods 
is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads 
the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registra-
tion and prohibited from use. 
Article 14 Account shall be taken of the fol1owing factors in establishment of a well-known mark: 
  (l) reputation of the mark to the relevant public; 
  (2) time for continued use of the mark; 
  (3) consecutive time, extent and geographical area of advertisement of the mark; 
  (4) records of protection of the mark as a well-known mark; and 
  (5) any other factors relevant to the reputation of the mark. 
Article 15 Where any agent or representative registers, in its or his own name, the trademark of a person for whom it or he acts 
as the agent or representative without authorization therefrom, and the latter raises opposition, the trademark shall be rejected
 for registration and prohibited from use. 
Article 16 Where a trademark contains a geographic indication of the goods in respect of which the trademark is used, the goods 
is not from the region indicated therein and it misleads the public, it shall be rejected for registration and prohibited from 
use; however, any trademark that has been registered in good faith shall remain valid. 
    The geographic indications mentioned in the preceding paragraph refer to the signs that signify the place of origin of the 
goods in respect of which the signs are used, their specific quality, reputation or other features as mainly decided by the nat-
ural or cultural factors of the regions. 
Article 17 Any foreign person or foreign enterprise intending to apply for the registration of a trademark in China shall file
an application in accordance with any agreement concluded between the People's Republic of China and the country to which the app-
licant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of
reciprocity. 
Article 18 Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters
conceming a trademark in China sha1l appoint any of such organizations as designated by the State to act as its or his agent. 
Chapter II AppIication for Trademark Registration 
Article 19 An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classi-
fication of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used. 
Article 20 Where any applicant for registration of a trademark intends to use the same trademark for goods in different classes,
 an application for registration shall be filed in respect of each class of the prescribed classification of goods. 
Article 21 Where a registered trademark is to be used in respect of other goods of the same class, a new application for regis-
tration shall be filed. 
Article 22 Where the sign of a registered trademark is to be altered, a new registration shall be applied for. 
Article 23 Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant
 change, an application regarding the change shall be filed. 
Article 24 Any aPp1icant for the registration of a trademark who files an application for registration of the same trademark for
identica1 goods in China within six months from the date of filing the first application for the trademark registration overseas
may enjoy the right of priority in accordance with any agreement concluded between the People's Republic of China and the country
to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of
the principle whereby each acknowledges the right of priority of the other. 
    Anyone claiming the right of priority according to the preceding paragraph shall make a statement in writing when it or he 
files the application for the trademark registration, and submit, within three months, a copy of the application documents it or 
he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of
 the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority. 
Article 25 Where a trademark is first used for goods in an international exhibition on sponsored or recognized by me Chinese Govern-
ment, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of exhibi-
tion of the goods. 
    Anyone claiming the right of priority according to the preceding paragraph shall make a claim in writing when it or he files 
the application for the registration of the trademark, and submit, within three months, documents showing the title of the exhibi-
tion in which its or his goods was displayed, proof that the trademark was used for the goods exhibited, and the date of exhibition
; where the claim is not made in writing, or the proof documents not submitted within the time limit, the claim shall be deemed not
 to have been made for the right of priority. 
Article 26 The matters reported and materials submitted in the application for trademark registration shall be true, accurate and
complete
Chapter lII Examination for and ApprovaI of Trademark Registration 
Article 27 Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this 
Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it. 
Article 28 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of 
this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods
, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not
 publish the said trademark. 
Article 29 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods
, the preliminary aPproval, after examination, and the publication shall be made for the trademark which was first filed. Where 
applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the tr-
ademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be publish-
ed. 
Article 30 Any person may, within three months from the date of the publication, file an opposition against the trademark that has,
 after examination, been preliminarily approved. If no opposition has been filed after the expiration of the time limit from the
publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall
 be published. 
Article 31 An application for the registration of a trademark shall not create any prejudice to the prior right of another person,
 nor unfair means be used to pre-emptively register the trademark of some reputation another person has used. 
Article 32 Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trade-
mark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days 
from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review
and Adjudication Board shall make a decision and notify 'the applicant in writing. 
    Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board may, within thi-
rty days from receipt of the notice, institute legal proceedings in the People's Court. 
Article 33 Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published
, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verifi-
cation, make a decision. Where any party is dissatisfied, it or he may within fifteen days from receipt of the notification, apply
 for a reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify both the opponent and appli-
cant in writing. 
    Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board within thirty 
    days from the date of receipt of the notice, may institute legal proceedings in the People's Court. The People's Court shall 
notify the other party to the trademark reexamination proceeding to be a third party to the litigation. 
Article 34 Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication 
by the Trademark Office or does not institute legal proceedings in respect of the adjudication by the Trademark Review and Adjudic-
ation Board, the adjudication takes effect. 
    Where the opposition cannot be established upon ad judication, the registration shall be approved, a certificate of trademark
registration shall be issued and the trademark shall be published; where the opposition is established upon adjudication, the re-
gistration shall not be approved. 
    Where the opposition cannot be established upon ad judication, but the registration is approved, the time of the exclusive right
the trademark registration applicant has obtained to use the trademark is counted from the date on which the three months expires
from the publication of the preliminary examination. 
Article 35 Any application for trademark registration and trademark reexamination shall be examined in due course. 
Article 36 Where any trademark registration applicant or registrant finds any obvious errors in the trademark registration documents
 or application documents, it or he may apply for correction thereof The Trademark Office shall ex officio make the correction accord-
 ing to law and notify the interested party of the correction. 
    The error correction mentioned in the preceding paragraph shall not relate to the substance of the trademark registration docu-
ments or application doc
Chapter IV Renewal, Assignment and Licensing of Registered Trademarks 
Article 37 The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registra-
tion. 
Article 38 Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validi-
ty, an application for renewal of the registration shall be made within six months before the said expiration. Where no application
 therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at
the expiration the grace period, the registered trademark shall be cancelled. 
    The period of validity of each renewal of registration shaIl be ten years. 
    Any renewa1 of registration shall be published after it as been approved. 
Article 39 Where a registered trademark is assigned, the assignor and assignee shall conclude a contract for the assignment, and 
jointly file an application with the trademark Office. The assignee shall guarantee the quality of the goods in respect of which 
the registered trademark is used. 
    The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive 
right to use the trademark from the date of publication. 
Article 40 Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his registered 
trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, 
and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used. 
    Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the
goods must be indicated on the goods that bear the registered trademark. 
    The trademark license contract shall be submitted to the Trademark Office for record. 
Chapter V Adjudication of Disputes Concerning Registered Trademarks 
Article 41 Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the re-
gistration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered tra-
demark in question; and any other organization or individual may request the Trademark Review and Ad judication Board to make an 
adjudication to cancel such a registered trademark. 
    Where a registered trademark stands in violation of the provisions of Articles l3, l5, l6 and 3l of this Law, any other trad-
emark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a requ-
est with the Trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark 
is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation. 
    In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may,
within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board 
for adjudication. 
    The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested 
parties and request them to respond with arguments within a specified period. 
Article 42 Where a trademark, before its being approved for registration, has been the object of opposition and decision, no app-
lication for adjudication may be filed based on the same facts and grounds. 
Article 43 After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a register-
ed trademark, it shall notify the interested parties of the same in writing. 
  Any interested party who is dissatisfied with the adjudication made by the Trademark Review and Adjudication Board may, within 
thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall
 notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings. 
Chapter Vl Administration of the Use of Trademarks 
Article 44 Where any person who uses a registered trademark has committed any of the following, the Trademark Office shall order 
him to rectify the situation within a specified period or even cancel the registered trademark: 
  (1) where a registered trademark is altered unilaterally (that is, without the required registration); 
  (2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed uni-
laterally (that is, without the required application ); 
  (3) where the registered trademark is assigned unilaterally (that is, without the required approval); or 
  (4) where the use of the registered trademark has ceased for three consecutive years. 
Article 45 Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose
 superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for ind-
 ustry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a speci-
 fied period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the
registered trademark. 
Article 46 Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall,
during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark 
that is identical with or similar to the said trademark. 
Article 47 Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and
commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine. 
Article 48 Where any person who uses an unregistered trademark has committed any of the following, the local administrative auth-
ority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period,
 and may, in addition, circulate a notice of criticism or impose a fine: 
  (1) where the trademark is falsely represented as registered; 
  (2) where any provision of Article 10 of this Law is violated; or 
  (3) where the manufacture is of rough or poor quality, or where superior quality is replaced by inferior quality, so that consum-
ers are deceived. 
Article 49 Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen
days from receipt of the corresponding notice, apply for a review. The Trademark Review and Adjudication Board shall make a decision
and notify the applicant in writing. 
    Any interested party dissatisfied with the decision by the Trademark Review and Adjudication Board may, within thirty days from
the date of receipt of the notice, institute legal proceedings in the People's Court. 
Article 50 Any party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine und-
er the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, instit
ute legal proceedings with the People's Court. If there have been instituted no legal proceedings or made no performance of the dec-
ision at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court 
for compulsory execution thereof. 
Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks 
Article 51 The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration 
and to the goods in respect of which the use of the trademark has been approved. 
Article 52 Any of the following acts shall be an infringement of the exclusive right to use a registered trademark: 
  (1) to use a trademark that is identical with or similar to a registered trademark in respect of the identical or similar goods 
without the authorization from the trademark registrant; 
  (2) to sell goods that he knows bear a counterfeited registered trademark; 
  (3) to counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell 
such representations of a registered trademark as were counterfeited, or made without authorization; 
  (4) to replace, without the consent of the trademark registrant, its or his registered trademark and market again the goods bear-
ing the replaced trademark; or 
  (5) to cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark. 
Article 53 Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark as provided 
for in Article 52 of this Law and has caused a dispute, the interested parties shall resolve the dispute through consultation; where
 they are reluctant to resolve the matter through consultation or the consultation fails, the trademark registrant or interested par-
 ty may institute legal proceedings in the People's Court or request the administrative authority for industry and commerce for act-
 ions. Where it is established that the infringing act is constituted in its handling the matter, the administrative authority for 
 industry and commerce handling the matter shall order the infringer to immediately stop the infringing act, confiscate and destroy
the infringing goods and tools specially used for the manufacture of the infringing goods and for counterfeiting the representations
of the registered trademark, and impose a fine. Where any interested party is dissatisfied with decision on handling the matter, it
 or he may, within fifteen days from the date of receipt of the notice, institute legal proceedings in the People's Court according
  to the Administrative Procedure Law of the People's Republic of China. If there have been instituted no legal proceedings or made
on performance of the decision at the expiration of the said period, the administrative authority for industry and commerce shall
request the People's Court for compulsory execution thereof. The administrative authority for industry and commerce handling the
matter may, upon the request of the interested party, medicate on the amount of compensation for the infringement of the exclusive
right to use the trademark; where the medication fails, the interested party may institute legal proceedings in the People's Court
according to the Civil Procedure Law of the People's Republic of China. 
Article 54 The administrative authority for industry and commerce has the power to investigate and handle any act of infringement
 of the exclusive right to use a registered trademark according to law; where the case is so serious as to constitute a crime, it 
shall be transferred to the judicial authority for handling. 
Article 55 When investigating and handling an act suspected of infringement of a registered trademark, the administrative authorit
y for industry and commerce at or above the county level may, according to the obtained evidence of the suspected violation of law
or informed offence, exercise the following functions and authorities: 
  (1 ) to inquire of the interested parties involved, and to investigate the relevant events of the infringement of the exclusive 
right to use the trademark; 
  (2) to read and make copy of the contract, receipts, account books and other relevant materials of the interested parties relat-
ing to the infringement; 
  (3) to inspect the site where the interested party committed the alleged infringement of the exclusive right to use the trademark
; and 
  (4) to inspect any articles relevant to the infringement; any articles that prove to have been used for the infringement of anoth-
er person's exclusive right to use the trademark may be sealed up or seized. 
    When the administrative authority for industry and commerce exercises the preceding functions and authorities, the interested 
party shall cooperate and help, and shall not refuse to do so or stand in the way. 
Article 56 The amount of damages shall be the profit that the infringer has earned because of the infringement in the period of the
 infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, including the 
appropriate expenses of the infringee for stopping the infringement. 
    Where it is difficult to determine the profit that the infringer has earned because of the infringement in the period of the
infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, the People's
 Court shall impose an amount of damages of no more than RMB 500, 000 yuan according to the circumstances of the infringement. 
    Anyone who sells a goods that it or he does not know has infringed the exclusive right to use a registered trademark, and is 
able to prove that it or he has obtained the goods legitimately and indicates the supplier thereof shall not bear the liability
 for damages. 
Article 57 Where a trademark registrant or interested party who has evidence to show that another person is committing or will com-
mit an infringement of the right to use its or his registered trademark, and that failure to promptly stop the infringement will 
cause irreparable damages to its or his legitimate rights and interests, it or he may file an application with the People's Court 
to order cessation of the relevant act and to take measures for property preservation before instituting legal proceedings in the
 People's Court. 
    The People's Court handling the application under the preceding paragraph shall apply the provisions of Articles 93 to 96 and
     99 of the Civil Procedure Law of the People's Republic of China. 
Article 58 In order to stop an infringing act, any trademark registrant or interested party may file an application with the People
's Court for preservation of the evidence before instituting legal proceedings in the People's Court where the evidence will possib-
ly be destroyed or lost or difficult to be obtained again in the future. The People's Court must make adjudication within forty-
eight hours after receipt of the application; where it is decided to take the preservative measures, the measures shall be executed
immediately. The People's Court may order the applicant to place guaranty; where the applicant fails to place the guaranty, the 
application shall be rejected. 
    Where the applicant institutes no legal proceedings within fifteen days after the People's Court takes the preservative measures,
the People's Court shall release the measures taken for the preservation. 
Article 59 Where any party uses, without the authorization from the trademark registrant, a trademark identical with a registered 
trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilit-
ies in addition to his compensation for the damages suffered by the infringee. 
    Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another person, or
sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so ser-
ious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensa
-tion for the damages suffered by the infringee. 
    Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constit-
ute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages
 suffered by the infringee. 
Article 60 The State functionaries for the registration, administration and reexamination of trademarks must handle cases according
to law, be incorruptible and disciplined, devoted to their duties and courteous and honest in their provision of service. 
    The State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and those working for the regi-
stration, administration and reexamination of trademarks shall not practice as trademark agent and engage in any activity to manu-
facture and market goods. 
Article 61 The administrative authority for industry and commerce shall establish and amplify its internal supervision system to 
supervise and inspect the State functionaries for the registration, administration and reexamination of trademarks in their imple-
mentation of the laws and administrative regulations and in their observation of the discipline. 
Article 62 Where any State functionary for the registration, administration and reexamination of trademarks neglects his duty, ab-
uses his power, engages in malpractice for personal gain, handles the registration, administration and reexamination of trademarks
in violation of law, accepts money or material wealth from any interested party or seeks illicit interest, which constitutes a cri-
me, he or she shall be prosecuted for his or her criminal liabi1ity. If the case is not serious enough to constitute a crime, he or
 he shall be given disciplinary sanction according to law. 
Chapter VIII Supplementary Provisions 
Article 63 Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment 
of the fees as prescribed. The schedule of fees shall be prescribed separately. 
ArticIe 64 This Law shall enter into force on March l, l983. The "Regulations Governing Trademarks" promulgated by the State 
Council on April l0, l963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this
Law shall cease to be effective at the same time. 
Trademarks registered before this Law enters into force shall continue to be valid. 


               
 
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