Clearer protection of well-known trademarks
A new court interpretation aims to achieve consistency in recognising and protecting famous trademarks in civil disputes relating to trademark infringement and unfair competition
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The Supreme People’s Court issued its
Interpretation on Several Issues Concerning the Application of
the Law on Trials of Civil Disputes Involving the Protection of
on April 23 2009; it came into force on May 1. The
Interpretation contains several features that will be of
particular interest to brand owners.
Recognition of well-known trademarks
The relevant trademark authorities and the courts will not
recognise the well-known status of a trademark unless an
interested party makes a definitive claim for such recognition
in a trademark dispute case.
Further, the courts should only
determine the well-known status of a trademark if such
recognition is necessary and if the injured
party’s interests cannot be protected through
other legal remedies. The recognition of well-known trademarks
is considered necessary in the following types of civil
(i) unauthorised use of a trademark on (a)...
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