Issues in civil actions involving well-known trademarks

In 2009 the Supreme People’s Court released two sets of judicial interpretations in succession, the Notice of the Supreme People’s Court on Several Issues Concerning Jurisdiction in Civil Disputes Involving the Recognition of Well-Known Trademarks and the Interpretations of the Supreme People’s Court of Several Issues Concerning the Application of the Law in the Trial of Civil Disputes Involving the Protection of Well-Known Trademarks, which took effect on 1 May 2009.

Several issues concerning the recognition of well-known trademarks in the course of civil actions as addressed in the Notice and Interpretations differ somewhat from the way they were addressed in previous judicial interpretations and should be given particular attention by the holders of well-known trademarks.

Jurisdiction

The Interpretations, issued by the Supreme People’s Court on 5 January 2009, expressly require that Intermediate People’s Courts of

(1) municipalities in which the seat of provincial and autonomous region people’s governments are located,

(2) municipalities with independent development plans and

(3) municipalities directly under the central government exercise jurisdiction in civil disputes involving the recognition of well-known trademarks, thus stripping basic level courts of such jurisdiction and setting limits on the scope of jurisdiction exercised by intermediate people’s courts in well-known trademark cases.

Wang Yadong is the executive partner of Run Ming Law Office. Lu Lei is an associate at Run Ming Law Office.