On July 3, 2014, the State Administration of Industry and Commerce amended and promulgated the Provisions for the Determination and Protection of Well-Known Trademarks (hereinafter, the "New Provisions"), which came into effect 30 days after the date of promulgation. The Provisions for the Determination and Protection of Well-Known Trademarks promulgated by the State Administration of Industry and Commerce on April 17, 2013 became void when the New Provisions came into effect.
The New Provisions were amended around the rationale and objectives of "standardized procedures, refined standards and clear responsibilities." Major changes and highlights of the New Provisions, which consist of 21 articles, include the following:
- It is specifically indicated that the principle for determining well-known trademarks is "case-by-case determination and passive protection." In individual cases, enhanced determination of well-known trademarks is passively made at the request of relevant parties by the Trademark Office and the Trademark Review and Adjudication Board when handling trademark opposition, trademark re-examination, and trademark invalidity cases.
- Requirements are further refined to guide the parties to provide relevant evidentiary materials to prove that a given trademark is a well-known trademark.
- The responsibilities of the parties are specifically stipulated. That is to say, a party seeking well-known trademark protection should observe the principle of good faith and be responsible for the facts and for the verity of the evidentiary materials as submitted.
- The duties of various industry and commerce authorities (such as case handling, confirmation and verification of materials, and supervision and examination concerning the determination of well-known trademarks) are specifically stipulated.