Interpretation by the Supreme People’s Court Concerning Jurisdiction and Scope of Laws Applicable to Trademark Cases
(Adopted at the 1203rd meeting of the Trial Committee of the Supreme People’s Court on December 25, 2001)
(2002) Fashi No.1
Bulletin of the Supreme People’s Court of the People’s Republic of China
Interpretations by the Supreme People’s Court Concerning Jurisdiction and Scope of Laws Applicable to Trademark Cases, adopted at the 1203rd meeting of the Trial Committee of the Supreme People’s Court on December 25, 2001, is now promulgated and put in force as of January 21, 2002.
January 9, 2002
Decision by the Standing Committee of the National People’s Congress on Revision of Trademark Law of the People’s Republic of China (“Decision on Revision of Trademark Law”) was adopted at the 24th session of the Standing Committee of the 9th National People’s Congress and put in force as of December 1, 2001. To handle trademark cases justly, some issues concerning the jurisdiction and scope of laws applicable to trademark cases tried by the people’s court are interpreted as follows in accordance with the provisions of Trademark Law of the PRC (“Trademark Law”), Civil Procedure Law of the PRC and Administrative Procedure Law of the PRC (“Administrative Procedure Law”).
Rule 1. The people’s court accepts such trademark cases as follows:
a. Cases where any interested party is dissatisfied with the decision or adjudication on the review made by the Trademark Review and Adjudication Board (TRAB) of the State Administration of Industry and Commerce under the State Council;
b. Cases where any interested party is dissatisfied with the specific administrative act in relation to trademark conducted by the administrations of industry and commerce;
c. Disputes over exclusive right of trademark;
d. Disputes over infringement on the exclusive right of trademark;
e. Disputes over assignment contract of exclusive right of trademark;
f. Disputes over trademark license contract;
g. Cases involving application for temporary restraining order on infringement of exclusive right of a trademark;
h. Cases involving application for property preservation;
i. Cases involving application for evidence preservation;
j. Other trademark cases.
Rule 2. The jurisdiction of first instance case listed in item 1 of Rule 1 of this Interpretation shall be vested in any intermediate people’s courts as appointed by Beijing Higher People’s Court in the area under its jurisdiction with authorization of the Supreme People’s Court.
The jurisdiction of first instance cases listed in item 2 of Rule 1 of this Interpretation shall be decided in accordance with the provisions of Administrative Procedure Law.
The jurisdiction of first instance of civil dispute over trademark shall be vested in the people’s court above intermediate level.
On the basis of practical situation in its jurisdiction and under the approval of the Supreme People’s Court, each higher people’s court may appoint 1-2 grassroots people’s court to accept cases of first instance of civil dispute over trademark in the comparatively large cities.
Rule 3. Where a trademark registrant or any interested party requests the administration of industry and commerce to handle the infringement of exclusive right of trademark and institutes legal proceedings with the people’s court for the infringement of exclusive right of trademark as well, the people’s court shall accept the case.
Rule 4. Where any interested party indicts with the people’s court because it/he is dissatisfied with the decision or adjudication on review of a case, which was accepted by the TRAB before implementation of the Decision on Revision of Trademark Law and the decision or adjudication on review of which was made after the implementation of the said Decision, the people’s court shall accept the case.
Rule 5. Except as otherwise provided for in this Interpretation, for any case arises before the implementation of the Decision on Revision of Trademark Law and falls into the categories listed in Article 4, Article 5, Article 8, Clause 1 of Article 9, Item 2, 3, and 4 of Clause 1 of Article 10, Clause 2 of Article 10, Article 11, Article 12, Article 13, Article 15, Article 16, Article 24, Article 25, Article 31, if any interested party is dissatisfied with the decision or adjudication on review of the case made by the TRAB after implementation of Decision on Revision of the Trademark Law and indicts with the people’s court, related provisions in the revised trademark law shall be applied in examination of the administrative case. Related provisions in the old trademark law shall be applied in examination of cases not belonging to the above circumstances.
Rule 6. Where any interested party indicts with the people’s court because he/it is dissatisfied with the adjudication made by the TRAB on the dispute over a trademark which is registered over a year when the Decision on the Revision of Trademark Law is implemented, the provisions on the time limit for filing application in the Clause 2 of Article 27 of the old Trademark Law shall be applied; where the trademark is registered less than a year when the Decision on the Revision of Trademark Law is implemented, the provisions on the time limit for filing application in the Clause 2 and Clause 3 of Article 41 in the revised Trademark Law shall be applied.
Rule 7. Where a trademark registrant or any interested party applies after implementation of the Decision on Revision of Trademark Law with the people’s court before indictment for temporary restraining order or evidence preservation for infringement on exclusive right of trademark happened before the implementation of the said Decision, provisions in Article 57 and Article 58 of the revised Trademark Law shall be applied.
Rule 8. Where the people’s court has yet to make an effective ruling on such cases indicted with the people’s court as infringement on exclusive right of trademark, which happened before the implementation of the Decision on the Revision of Trademark Law when the said Decision is implemented, Article 56 of the revised Trademark Law shall be referred to.
Rule 9. Except as otherwise provided for in this Interpretation, where a civil dispute over trademark, accepted by the people’s court after the implementation of the Decision on Revision of Trademark Law, involves civil acts happened before the implementation of the said Decision, provisions of the old Trademark Law shall apply; where a dispute involves civil acts happened after the implementation of the said Decision, the provisions of the revised Trademark Law shall apply; where a dispute involves civil acts happened before the implementation of the Decision but lasted until after the implementation of the Decision, provisions of the old and revised Trademark Law shall be applied respectively.
Rule 10. Where a dispute over infringement of exclusive right of trademark accepted by the people’s court has already been disposed by the administrations for industry and commerce, the people’s court shall also conduct examination on the facts in civil disputes between the interested parties. |
