Recently, the State Administration for Market Regulation (SAMR) has prepared the Provisions on Evidence in Trademark Administrative Enforcement (Draft for Comment) (the "Draft") and is now soliciting public comments. The deadline for feedback is September 18, 2024.
The Draft removes the general enforcement procedure requirements from the original draft, refines the descriptions related to the requirements for various types of evidence, and streamlines the original five chapters and 39 articles down to 24 articles. Key points of the Draft include: (1) clarifying the legislative purpose and legal basis, the applicable agencies and scope of cases, and the concept of evidence; (2) standardizing the types of evidence and specifying the requirements for collecting each type of evidence; (3) defining the direct recognition of evidence, the adoption of evidence from other authorities, the evidentiary effect of evidence acknowledged by one party, the probative force in different situations, the review of identification opinions, and the handling of contradictory statements by parties; and (4) specifying the content related to the law enforcement agencies, the interpretating body, and the date of implementation.
(Source:https://www.samr.gov.cn/hd/zjdc/art/2024/art_275583fb35664df595acaf3c38cba102.html)
Note: The link to the Chinese official website of the document is for your reference.
