Supreme Court Interpretations on Handling Disputes Between Registered Trademarks, Enterprise Name and Prior Civil Rights

April 02, 2008 | BY

clpstaff &clp articles

In recent years, the number of cases concerning conflict between registered trademarks, enterprise names and the prior civil rights has been increasing sharply in China. This has created widespread concern and is fast becoming a hot and difficult issue in the trials of intellectual property rights.

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By Mike J. Chen, Kangxin Partners*

On February 18 2008, the Supreme People's Court issued Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks of Enterprise Names (关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定)(the Provisions). According to experts, the Regulations enacted on March 1 2008 will effectively solve the conflicts between the different kinds of IP rights that exist in current judicial practice.