The Government has recently announced measures to reform Trademark Review Cases. The proposed Measures comprise 21 articles and provide an oral hearing may be initiated upon the request of a concerned party or determined by The Trademark Review and Adjudication Board (TRAB) on the basis of the case’s circumstance.
If a concerned party has questions in relation to the evidence presented in a case and considers that there should be a cross-examination that party may apply to TRAB for an oral hearing. Such applications must be made within strict time limits.
TRAB will have the right to decide whether to allow the oral hearing and shall notify the concerned parties of its decision in writing. Where a hearing is allowed, the parties shall submit a written reply within 7 days after they receive TRAB’s decision. If no written reply is submitted by a party, TRAB may hear the case without the participation of such party. If neither party responds, the hearing will not proceed.
Only two participants may appear for each side, inclusive of the agents. More may attend, but only with the consent of TRAB. Hearings will include following steps:
- Organization of a collegiate bench compose of odd number of more than three members;
- Verification of the concerned parties’ identities;
- Investigation, including clarifying the facts in dispute, review requests and responses by the concerned parties;
- Presentation of all the evidence and cross-examination;
- Witness testimonies;
- Closing statements.
Notes will be taken to record the whole process.
It seems that China is taking steps to make a more transparent adjudication process. This can only be good for the country and in particular IP owners. However, this reform also signifies that in the future, lawyers will become more involved in contentious processes, which will undoubtedly cost more.