China Law & Practice

Follow us:

profile

China Law & Practice

CLP_editorial

CLP_editorial profile

RT @Paul_Hastings: "The cost of logistics in China is much higher than that in developed countries,"says Real Estate partner Wayne Ma in @C…

Aug 21 2014 02:54 ·  reply ·  retweet ·  favourite
CLP_editorial profile

RT @ReutersChina: Amazon enters Shanghai free trade zone to boost offering in China http://t.co/vRhvqzSoom

Aug 21 2014 02:49 ·  reply ·  retweet ·  favourite
CLP_editorial profile

RT @tomphillipsin: The Onion's hilarious take on Communist Party clickbait. http://t.co/xIAvsVob3l via @mauracunningham

Aug 20 2014 06:29 ·  reply ·  retweet ·  favourite
Magazine

Change font size: Switch to default font size Switch to medium font size Switch to large font size

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

Issue: June 2009

Keywords (click to search): intellectual property trademarks IP well-known trademark trademark infringement unfair competition

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 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)  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 disputes:


(i) unauthorised use of a trademark on (a)...


Register with China Law & Practice to unlock our premium content for the next 14 days.

**Full text translations are only available for individual purchase or as part of a subscription.
**

 
 


China Law & Practice Events

asialaw Asia-Pacific Dispute Resolution Summit 2014
11 September 2014
Location: Hong Kong