Encouragement for well-known trademark owners
December 18, 2008 | BY
clpstaff &clp articlesForeign companies have recently won court cases by claiming their trademarks are well-known in China. A new draft judicial interpretation on the recognition and protection of well-known trademarks in civil litigation will further reinforce such claims. It sets criteria for the recognition of well-known marks and standardises the remedies available for their owners. By Yang Xun, Freshfields Bruckhaus Deringer, Hong Kong.
In November 2008, the PRC Supreme People's Court issued for public consultation a new draft of the Interpretation of Several Issues Regarding Application of Laws in Recognition and Protection of Well-known Trademarks in Trademark Related Civil Disputes.
Firstly, the draft interpretation establishes the principle that the well-known trademark protection mechanism is designed to render broader protection to well-known trademarks but is not designed for trademark owners to promote their trademarks. Secondly, the draft interpretation sets out the rules for proving well-known status of trademarks, especially the rule by which good will in foreign jurisdictions may be considered in proving the well-known status of trademarks in China. It also details the circumstances in which well-known trademark owners can receive injunctive relief and specifies the circumstances in which well-known trademarks cannot be protected.
Nature of Well-known Trademark Protection
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