The guidelines provide detailed definitions and measurements for determining the amount of illegal business operations in trademark infringement cases and instructions for handling complex infringement situations. This offers specific operational guidance for trademark enforcement authorities.

The Measures provides systematical sorting and a summary of useful experiences and practices in calculating illegal business volume in trademark infringement cases over the years, including 19 articles, which provide detailed provisions on the definition of illegal business volume, general  criteria for calculating illegal business volume, standards for calculating illegal business volume in complex infringement situations, handling of situations where the actual illegal business turnover cannot be verified, special situations where illegal business turnover is not calculated, and methods for calculating illegal business turnover in reverse transfers. The Measures resolves a series of disputes and prominent problems, providing specific and standardized operational guidance for trademark law enforcement departments to calculate illegal business volume, helping create an intellectual property protection environment with high transparency and strong predictability.

Next, China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) will focus on the propaganda and interpretation of the Measures, promote its implementation, further unify and standardize law enforcement standards, continuously improving the level of intellectual property protection.

From CNIPA

October 30th, 2024