Contents of Judicial Interpretations of Trademark Law

The content of the judicial interpretation of trademark law is about the scope and jurisdiction of courts in trademark cases. The trademark cases accepted by the court include cases of dissatisfaction with the review decision of the Trademark Review and Adjudication Board; cases of disputes over trademark ownership; cases of disputes over infringement of the exclusive right to use a trademark, etc. Regarding the questions about the contents of judicial interpretation of trademark law, the editor of Legal Savior Network will answer your questions below.

1. What are the contents of the judicial interpretation of the Trademark Law

1. Trademark The content of the judicial interpretation of the law is about the scope and jurisdiction of courts in trademark cases. The trademark cases accepted by the court include cases of dissatisfaction with the review decision of the Trademark Review and Adjudication Board; cases of disputes over trademark ownership; cases of disputes over infringement of the exclusive right to use a trademark, etc.

2. Legal basis: "Interpretation of the Supreme People's Court on Issues concerning the Jurisdiction and Legal Application of Trademark Cases after the Implementation of the Trademark Law Amendment Decision" Article 3: First Instance Civil trademark cases shall be under the jurisdiction of the intermediate people's courts or above and the basic people's courts designated by the Supreme People's Court. Civil and administrative cases involving the protection of well-known trademarks shall be under the jurisdiction of the Intermediate People's Court of the city where the people's government of the province or autonomous region is located, the city under separate state planning, the district of the municipality directly under the Central Government, and other intermediate people's courts designated by the Supreme People's Court.

2. Regarding the jurisdiction of criminal cases of intellectual property infringement

Crime cases of intellectual property infringement shall be filed by the Public security organs of the place where the crime was committed. reconnaissance. If necessary, the case may be opened for investigation by the public security organ at the place where the criminal suspect resides. The place where the crime of intellectual property infringement is committed includes the place where the infringing products are manufactured, stored, transported, and sold, the location of the server of the website that spreads the infringing works and sells the infringing products, the place where the network is accessed, the location of the website builder or manager, and the location of the infringement The location of the uploader of the work and the place where the actual infringement of the right holder occurred. If there are multiple places where intellectual property infringement was committed, the public security agency that initially accepted the case or the public security agency where the main crime was committed shall have jurisdiction. If the public security agencies in multiple places where intellectual property infringement is committed have disputes over jurisdiction, the common higher-level public security agency shall designate jurisdiction. If it is necessary to apply for approval of arrest, transfer for review and prosecution, or initiate public prosecution, the People's Procuratorate or the People's Procuratorate at the same level where the public security agency is located shall The court accepts it.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.