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IPRs. Supreme Court issues Interpretation on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademarks


April 23, 2009.

On April 23 the Supreme Court promulgated the Interpretation on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademarks (hereafter referred to as “Interpretation”). The Interpretation aims at preventing the abuse of the well-known trademarks system.

The Interpretation clarifies the case in which the well-known trademarks shall be applied, specifies the factors which shall be taken into account in recognition of well-known trademarks, lower the proof burden of the super well-known trademarks and clarifies the condition for the cross-protection of the well-known trademarks.