Supreme People's Court, Whether the Victim of a Product Infringement Case Can File a Civil Proceeding Against the Trademark Owner of the Product as the Defendant Official Reply

最高人民法院关于产品侵权案件的受害人能否以产品的商标所有人为被告提起民事诉讼的批复

September 02, 2002 | BY

clpstaff &clp articles &

Issued: July 11 2002Effective: July 28 2002Main contents: The Reply states that the act of showing one's name, trademark or other identifiable signs on…

Clp Reference: 5100/02.07.11 Promulgated: 2002-07-11 Effective: 2002-07-28

Issued: July 11 2002
Effective: July 28 2002

Main contents: The Reply states that the act of showing one's name, trademark or other identifiable signs on a product represents that the enterprise or individual is the product producer or manufacturer. Thus it is not inappropriate that the trademark owner General Motors Corporation was the defendant according to the filing of the plaintiff and the circumstances in the case.
Related legislation: PRC, Civil Law General Principles, Apr 12 1986 and PRC, Product Quality Law (Revised), July 8 2000, CLP 2000 No.7 p66

clp reference:5100/02.07.11promulgated:2002-07-11effective:2002-07-28

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