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China's top court issues guideline dealing with reputed trademark infringement
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20:16, April 27, 2009

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China's Supreme People's Court (SPC) has released a judicial explanation on handling cases concerning reputed trademark infringement on its Web site and in a media statement Sunday.

The judicial explanation will take effect on May 1.

A spokesman of the SPC's intellectual property court said the explanation "summarizes relevant trail experience" and was to "improve the courts' judicial protection system of well-known trademarks, enhance the authority and credibility of judicial protection and safeguard the market order featuring fair competition."

The explanation makes clear basic requirements for reputed trademarks as well as protection and recognition, among other items. It standardizes judicial measures in handling civil cases concerning trademark infringement and provides legal backup for judicial protection over well-established trademarks.

"The SPC has long attached great importance in protecting reputed trademarks," the spokesman said, adding, "the issuing of the explanation is a basic step in implementing the nation's intellectual property rights strategy."

Tian Lipu, director of the State Intellectual Property Office, said last week that China had established a trademark law system that suited both China and international regulations.

He said the country had strengthened the role of the judiciary in protecting intellectual property rights (IPR) and the interests of the rights holder and the public were effectively protected.

"China launched harsh strikes on all kinds of illegalities and crimes of IPR infringement last year with a focus on fighting piracy and maintaining market order," he said.

Source: Xinhua



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