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Aug 14, 2009
Tingxi Huo, Peksung IP Ltd., China

China: Protection of Well Known Marks


Tingxi Huo, Peksung IP Ltd., ChinaOn April 26, 2009, the Chinese Supreme Court announced The Interpretation Concerning the Laws Applicable to the Protection of Well Known Marks in Civil Cases (“the Interpretation”), which came into effect on May 1, 2009. Beforehand, the Supreme Court had published on the Internet the draft Interpretation on the Internet to solicit public opinions from November 11 through December 11, 2008 (“the draft Interpretation”), which received broad attention and comments. The Interpretation is composed of 14 Rules, primarily relating to the definition, applicable scope, factors to be recognized, burden of proof, and protection requirements. The Interpretation aims to standardize the procedures relating to the judicial recognition, tighten the conditions and scope, and enhance protection of well known marks in civil cases. read more