Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks or Enterprise Names

关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定

The Provisions lay down the criteria under which a people's court should accepts a civil case on conflicts between prior rights and registered trademarks or enterprise names.

(Promulgated by the Supreme People's Court on February 18 2008 and effective as of March 1 2008.)

(最高人民法院于二零零八年二月十八日公布，自二零零八年三月一日起施行。)

SPC Interpretation [2008] No.3

These Provisions have been formulated pursuant to laws such as the PRC Civil Procedure Law (2nd Revision), the PRC General Principles for Civil Law, the PRC Trademark Law and the PRC Anti-unfair Competition Law, while taking into account judicial practice, in order to correctly try civil disputes involving conflicts between prior rights and registered trademarks or enterprise names.

法释 [2008] 3号

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