China to Clarify Issues Concerning Judicial Recognition and Protection of Well-Known Trademarks
On April 23, 2009, the Supreme People's Court
issued the Interpretations on Several Issues Regarding the Legal Application of
Civil Cases Concerning Recognition and Protection of Well-Known Trademarks (the
"Interpretations"). The Interpretations
provide guidelines to the courts for recognizing and protecting well-known
trademarks when hearing trademark-related cases. According to the Interpretations, the court
should only recognize well-known trademarks when this recognition is necessary
to serve as the factual basis of a trademark-infringement case or an unfair
competition case and, even if the recognition is affirmed, it should not be
included in the main body of a judgment or a reconciliation agreement. In addition, the Interpretations confirm that
the party applying for the recognition of a well-known trademark should bear
the burden of proof and provide certain documents in relation to relevant
market share and market region for products using the trademark, length of use
of trademark, etc. When a
trademark is recognized as a well-known trademark, the court may issue an
injunction to prohibit the use of an infringing trademark, even when the
infringing trademark is in a "dissimilar class," while normal trademarks only
afford such protection against infringing trademarks in a "similar class."
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