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Jurisdiction and
Scope of Laws Applicable to Trademark Cases
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.
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