Supreme People's Court, Interpretation on Several Issues Concerning the Application of the Law to Trials of Civil Disputes Involving the Protection of Well-known Trademarks

最高人民法院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

June 06, 2009 | BY

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SPC Interpretation to prevent abuse of judicial recognition of well-known trademarks.

Clp Reference: 5100/09.04.23 Promulgated: 2009-04-23 Effective: 2009-05-01

Promulgated: April 23 2009
Effective: May 1 2009

Main contents: A people's court will not examine whether the concerned trademark is well-known or not in either of the following types of civil disputes:

(1) one where presentation of the trademark as being well-known is not the factual basis for establishment of the alleged trademark infringement or unfair competition; or

(2) one where the alleged trademark infringement or unfair competition is not established due to the fact that it does not satisfy the crucial conditions specified in law (Article 3).

Related legislation: PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p.75; PRC Anti-unfair Competition Law, Sep 2 1993, CLP 1993 No.9 p.31; and PRC Civil Procedure Law (2nd Revision)

clp reference:5100/09.04.23prc reference:法释 〔2009〕 3号promulgated:2009-04-23effective:2009-05-01

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