CHINA plans to crack down on "malicious" trademark registrations, after a
series of cases in which international brands and individuals had their names or
copyright misused.
Basketball legend Michael Jordan was one of the latest
to accuse a company of using his name without permission, and French luxury
group Hermes and Apple have also faced trademark problems.
The proposed
amendment will offer protection to major international brands, giving copyright
owners the right to ban others from registering their trademarks or from using
similar ones, even if such trademarks are not registered, Xinhua news agency
reported.
The draft increases the ceiling for fines imposed on trademark
violators from 500,000 yuan (US$80,179) to 1 million yuan in the event that
financial losses and gains from the infringement cannot be
determined.
The fines were raised with the consideration that the owners
of trademarks that are infringed upon often spend great sums of money in taking
violators to court.
Basketball star Michael Jordan filed a lawsuit in
China in February against a Chinese sportswear company, accusing the firm of
unauthorized use of his name.
The former Chicago Bulls star said Qiaodan
Sports, a company in southern Fujian Province, had built its business around his
Chinese name "Qiaodan" and jersey number without his permission.
France's
Hermes International SCA also had problems in China with its trademark, and in
July Apple Inc agreed to pay US$60 million to Proview Technology (Shenzhen) to
end a protracted legal dispute over the iPad trademark in
China.