Judicial Activism in Action: New Interpretation on Trademark Disputes

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clpstaff &clp articles

The recently amended PRC Trademark Law (Trademark Law), the PRC Trademark Law Implementing Regulations (the Implementing Regulations) and supplemental judicial interpretations issued by the government greatly assist and guide practitioners and brand owners to reap further benefits.

By Ruixue Ran, East Associates, Beijing, and Wai-Bui Zee, Levi Strauss & Company, Beijing

Most recently, China's Supreme People's Court (SPC) released a new judicial interpretation, the Several Questions on the Application of Law in Trial of Trademark Civil Disputes Cases Interpretation (the Interpretation), which took effect on October 16 2002.1 The judicial interpretation has been issued pursuant to the PRC Civil Law General Principles (CLGP), the Contract Law, the Trademark Law and the Civil Procedure Law. To fully understand this Interpretation, it should be read in conjunction not only with the general laws but also with specific legislation. In this case, a correlative reading with the second revision to the Trademark Law2 and the third revision to the Implementing Regulations3 is the best approach.

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