On December 25, 2001 the Supreme People's Court Judicial Committee 1203 meeting,
Since January 21, 2002 has come into effect.
"The National People's Congress Standing Committee on revising <PRC Trademark Law> the decision" (hereinafter referred to revise the Trademark Law) from the Ninth National People's Congress Standing Committee passed the 24th meeting since December 1, 2001 has come into effect. To correct trial trademark cases, "the PRC Trademark Law" (hereinafter referred to the Trademark Law), "the PRC Civil Procedure Law," and the "PRC Administrative Procedure Law" (hereinafter referred to the Administrative Procedure Law), is on People's Court trademark jurisdiction of the case and legal issues such as the scope of application for the following explanation :
The first of the People's Court accepted the following trademarks :
1, the State Council against the industry and commerce administration departments Property Assessment Committee (hereinafter referred to Property Assessment Committee) to review the decision or ruling of the case;
2, against industry and commerce administration departments of the trademark specific administrative acts of the case;
3, the exclusive right of trademark ownership disputes;
4, the exclusive right of trademark infringement disputes;
5, the exclusive rights of trademark ownership transfer contract disputes;
6, trademark licenses the use of contract disputes;
7, the application will stop v. exclusive right of trademark infringement cases;
8, before the application v. property protection;
Nine applications v. preserve the evidence before the case;
Ten other trademarks.
The second interpretation of the first paragraph of a listed cases of first instance, by the Beijing Municipal Higher People's Court, Supreme People's Court, the authority to determine their area of the Intermediate People's Court jurisdiction.
The explanation included in the first paragraph of the two cases of first instance, according to the Administrative Procedure Law of the provisions of the jurisdiction.
Trademark Dispute civil cases of first instance, by the Intermediate People's Court over jurisdiction.
The Higher People's Court, according to the actual situation in the area, approved by the Supreme People's Court, established in larger cities 1-2 grassroots People's Court of First Instance trademark admissible in civil dispute cases.
The third of the registered trademarks or interested party to the industrial and commercial administration departments on violations of the right to trademark request, the People's Court also filed infringement lawsuits exclusive right to claim damages, the people's court should be handled.
The fourth of the trademark in the trademark Vetting Committee decided to implement changes before the case is admissible, in the implementation of the decision was made after review of the decision or ruling parties to review decisions or rulings made to the people's court, the people's court should be handled.
The fifth addition to the explanation provided otherwise, the decision to revise the Trademark Law occurred prior to the implementation, the revised Trademark Law is the fourth, fifth, eighth, 9, paragraph 1, Article 10, paragraph 1 (b), (c), (d), Article 10, paragraph 2, of the 11st Article Article 12, Article 13, Article 15, Article 16, Article 24, Article 25 and Article 31 of the cases cited, trademark in the trademark Vetting Committee decided to implement changes made after review of the decision or the ruling party against the people's court of administrative cases , the revised Trademark Law applies the corresponding provisions of the review; belong to other cases, the applicable revision of the Trademark Law of the corresponding provisions under review.
The sixth of the parties on the amendments to the trademark law when determining the full year is a registered trademark disputes, trade mark against the Vetting Committee's determination to the people's court, the applicable revision of the Trademark Law Article 27, paragraph 2 of the application deadline; Revised Trademark Law when determining the trademark registration within one year, apply the revised Trademark Law Article 41, paragraph 2, paragraph 3 of the application deadline for processing.
The seventh of the decision to amend the Trademark Law occurred prior to the implementation of the exclusive right of trademark infringement, trademark registration or interested party in the implementation of the decision after the pre-indictment apply to the people's court to order a halt to such violations, or the preservation of evidence, apply the revised Trademark Law of the 57th, 58th the provisions of.
The eighth amendment of the trademark law before determining the occurrence of violations of trademark right to prosecute cases, the people's courts at the time of application of the decision has not yet made a judgment in light of the revised Trademark Law Article 56 provisions.
9 In addition to the explanation provided otherwise, in determining the revised Trademark Law after the People's Court accepted the case trademarks civil disputes involving the decision occurred prior to the implementation of the civil behavior of the application before the amendment to the Trademark Law; Involved in the decision after implementation of the civil behavior of the application of the revised provisions of the Trademark Law ; involved in the decision occurred prior to the implementation and sustained implementation of the decision after the civil behavior of the application to amend respectively before and after the provisions of the Trademark Law.
The 10th of the courts accept the exclusive right of trademark infringement disputes, it has been the industrial and commercial administration departments, the people's court should be the subject is still controversial civil review of the facts.
