Supreme People's Court, Questions Concerning the Jurisdiction and the Scope of the Application of Law to the Trial of Trademark Cases Interpretation

Issued: January 9 2002
Effective: January 21 2002

Main contents: The Interpretation lists the types of trademark cases over which the people's court has jurisdiction (Article 1). These cases include appeals on decisions of the Trademark Review and Adjudication Board (TRAB) of the industry and commerce administrative department of the State Council, complaints against trademark-related administrative acts of the industry and commerce administration and petitions for pre-litigation court orders to stop trademark infringement, preserve properties or preserve evidence. If a trademark registrant or a party of interests files complaints of trademark infringement to the people's court as well as the industry and commerce administration, the people's court shall accept the case (Article 3). If a trademark under dispute has been registered for a full year as of the date when the amended Trademark Law came into force, the pre-amendment Trademark Law shall apply regarding the time limit for filing an appeal against a TRAB decision; if the trademark has been registered for less than a full year, the amended Trademark Law shall apply (Article 6). Regarding petitions for pre-litigation court orders to stop trademark infringement or to preserve property or evidence, the amended Trademark Law shall apply even if the infringement occurred before the effectiveness of the amended Trademark Law (Article 7).
Related legislation: PRC, Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75; PRC Civil Procedure Law (2nd Revision) and PRC, Administrative Litigation Law, Apr 4 1989, CLP 1989 No.5 p37