Q: It is understood that regarding the jurisdiction of cases involving well-known trademark protection, the Supreme People's Court issued a special notice at the beginning of this year. The judicial interpretation released this time is no longer clear. Jurisdiction over such cases, will this notice continue to be implemented?
Answer: In view of the serious phenomenon of "alienation" of well-known trademarks in current social life, and the law stipulates The identification standards cannot be very specific, and there is great flexibility in grasping the specifics, which can easily lead to different implementation standards. In order to unify the judicial standards and correct some irregular practices, our court has already issued the "Supreme People's Court Regarding Involving Well-known Famous People" The Notice on the Jurisdiction of Civil Disputes over Trademark Recognition (Fa [2009] No. 1, issued on January 6, 2009) requires that “from the date of issuance of the notice, civil disputes involving the recognition of well-known trademarks shall be governed by the province, The Intermediate People's Court of the city where the People's Government of the autonomous region is located, the Intermediate People's Court of the city under separate state planning, and the Intermediate People's Court within the jurisdiction of the municipality directly under the Central Government have jurisdiction. Other intermediate people's courts have jurisdiction over such civil dispute cases and must be approved by the Supreme People's Court. Without approval, the intermediate people's court Such cases will no longer be accepted." Since the jurisdiction issue has been specifically clarified through the above-mentioned notice, the judicial interpretation will no longer involve this matter and will still be implemented in accordance with the notice.
