On January 2, 2025, the State Administration for Market Regulation (SAMR) and the China National Intellectual Property Administration (CNIPA) jointly published the "Regulations on Trademark Administrative Enforcement Evidence" (hereinafter referred to as the "Regulations"), which came into effect on January 1, 2025. These regulations aim to strengthen guidance on trademark enforcement, standardize the collection, review, and determination of evidence in trademark administrative enforcement, and ensure a more transparent and fair law enforcement process.
The Regulations define various types of evidence admissible to trademark administrative enforcement, including written documents, physical evidence, audiovisual materials, electronic data, witness testimony, party statements, expert opinions, on-site records, and inspection records. Strict requirements are set for the collection and preservation of each type of evidence, ensuring that evidence is both legal and authentic.
For international cases, the Regulations also clarify the standards for accepting foreign evidence, ensuring that such evidence can be lawfully used in domestic trademark administrative enforcement proceedings.
Furthermore, the Regulations classify the probative value of different types of evidence, prioritizing official documents from government agencies, expert opinions, and other high-value evidence for inclusion in administrative enforcement decisions.
With the implementation of the "Regulations on Trademark Administrative Enforcement Evidence," transparency in trademark administrative enforcement will be greatly enhanced. The new regulations support the development of trademark rule of law and offer a fairer and regulated enforcement environment for both trademark holders and the public.
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