Interpretation on Several Issues Concerning the Application of the Law to Trials of Civil Disputes Involving the Protection of Well-known Trademarks

关于审理涉及驰名商标保护的民事纠纷案件应用法律若干问题的解释

The Interpretation sets forth circumstances under which a people's court will not examine whether the concerned trademark is well-known or not.

(Promulgated by the Supreme People's Court on April 23 2009 and effective as of May 1 2009.)

(最高人民法院于二零零九年四月二十三日公布，自二零零九年五月一日起施行。)

SPC Interpretation [2009] No.3

法释〔2009〕3号

The Interpretation has been formulated pursuant to relevant laws such as the PRC Trademark Law, the PRC Anti-unfair Competition Law and the PRC Civil Procedure Law (2nd Revision), and taking into consideration trial realities in order to protect in accordance with the law well-known trademarks in the course of the trial of trademark infringement and other such civil disputes.

为在审理侵犯商标权等民事纠纷案件中依法保护驰名商标，根据《中华人民共和国商标法》、《中华人民共和国反不正当竞争法》、《中华人民共和国民事诉讼法 (第二次修正)》等有关法律规定，结合审判实际，制定本解释。

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