Round-up of China trade mark law and practice in 2022

Abstract

2022 has been another remarkable year for trade mark law in China. It is notable that the country has climbed the rankings of the Global Innovation Index (GII) 2022. The figures released by the World Intellectual Property Organization (WIPO) recently have revealed that China is in the 11th place in 2022, up from the 10th place in 2021. This is particularly impressive as it is the 10th rise in the rankings, bringing it into the top 36 upper-middle-income bracket economies, according to the Report.1 The GII provides a tracker setting out the most recent global innovation trends, as well as the most innovative economies in the world, ranking the performances of approximately 130 economies.2 China has embarked on a clear direction, focusing upon improving its IP system, which has been one of the national strategy initiatives for over a decade. This has received a continual reference from the leadership, with President Xi using numerous speeches to draw attention to IP issues.3 In the 14th Five-year Plan (2021–2025),4 China’s most important directive on the national economic policy, strengthening IP protection is mentioned in one of the sub-chapters that addresses the IP system as part of the innovative economy. China is also fulfilling its commitment to build a market that is friendly and welcoming to foreign investment, and IP remains one of its priorities.