Interpretation of the Supreme People's Court on Issues concerning Jurisdiction and Application of Law in Adjudicating Trademark Cases
(Adopted at the 1203th meeting of the Judicial Committee of the Supreme People's Court on December 25, 2001; amended in accordance with the Decision by the Judicial Committee of the Supreme People's Court at the 1823rd meeting on December 23, 2020, regarding the revision of 18 IP-related judicial interpretations, including Interpretation on Several Issues concerning the Application of Laws in Handling Patent Infringement Dispute Cases (II)).
The “Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China” was adopted at the 24th session of the Standing Committee of the 9th National People's Congress, and came into force on December 1, 2001. To ensure the correct trial of trademark cases by people's courts, this interpretation, concerning jurisdiction and application of law in adjudicating trademark cases, is hereby formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as Trademark Law), Civil Procedure Law of the People's Republic of China, and Administrative Procedure Law of the People's Republic of China (hereinafter referred to as Administrative Procedure Law).
Rule 1 The people's court shall accept the following trademark cases:
(1) Administrative cases appealing against review decisions or rulings issued by the China National Intellectual Property Administration (CNIPA);
(2) Administrative cases challenging other trademark-related administrative acts made by the CNIPA;
(3) Trademark ownership dispute cases;
(4) Trademark infringement dispute cases;
(5) Actions for declaratory judgment of non-infringement of trademark rights;
(6) Trademark assignment agreement dispute cases;
(7) Trademark license agreement dispute cases;
(8) Trademark agency contract dispute cases;
(9) Actions seeking pre-litigation injunctions against infringement of registered trademarks;
(10) Actions seeking injunctions against trademark infringement and damages;
(11) Actions seeking pre-litigation property preservation;
(12) Actions seeking pre-litigation evidence preservation;
(13) Other trademark-related legal actions.
Rule 2 The cases at first instance as listed in Item (1) of Rule 1 of this Interpretation shall fall under the jurisdiction of the intermediate people's courts determined by Beijing High People's Court within its jurisdiction area upon the authorization of the Supreme People's Court.
For the cases at first instance as listed in Item (2) of Rule 1 of this Interpretation, the jurisdiction shall be determined in accordance with the applicable provisions of the Administrative Procedure Law.
The trademark-related civil cases at first instance shall fall under the jurisdiction of intermediate people's courts or higher.
Each high people's court may, based on the actual conditions of its own jurisdiction area, and upon approval of the Supreme People's Court, designate 1 or 2 primary people's courts in relatively large cities to hear trademark-related civil cases at first instance.
Rule 3 Where a trademark registrant or an interested party files a request with the CNIPA against trademark infringement and concurrently initiates a civil action before a people's court for damages arising therefrom, the people's court shall accept the case.
Rule 4 For a case accepted by the CNIPA prior to the date of implementation of the Decision on Amending the Trademark Law, where the CNIPA issues a review decision or ruling after the date of implementation, and the party concerned initiates an administrative litigation challenging such decision before a people's court, the people's court shall accept the case.
Rule 5 Except as otherwise stipulated by this Interpretation, for an administrative case which occurs prior to the date of implementation of the Decision on Amending the Trademark Law and falls under any circumstance set forth in Articles 4, 5, 8, 9(i), 10(i)(2), 10(i)(3), 10(i)(4), 10(ii), 11, 12, 13, 15, 16, 24, 25, and 31 of the amended Trademark Law, where the CNIPA issues a review decision or ruling after the date of implementation, and the party concerned initiates an administrative litigation, the amended Trademark Law shall apply; for all other cases, the Trademark Law before it is amended shall apply.
Rule 6 Where any dispute arises from a trademark that has been registered for one year or more as of the date of implementation of the Decision on Amending the Trademark Law, and a party concerned initiates a lawsuit with a people's court challenging the decision issued by the CNIPA, the filing deadline as set forth in Article 27(ii) of the Trademark Law before it is amended shall apply; for a trademark that has been registered for less than one year as of the date of implementation, the deadline as set forth in Article 41 (ii) and (iii) of the amended Trademark Law shall apply.
Rule 7 For a trademark infringement act occurred prior to the date of implementation of the Decision on Amending the Trademark Law, where the trademark registrant or interested party applies to the people’s court for pre-litigation measures as to cease infringement or preserve evidence after the date of implementation, Articles 57 and 58 of the amended Trademark Law shall apply.
Rule 8 For a legal proceeding concerning a trademark infringement act occurred prior to the date of implementation of the Decision on Amending the Trademark Law, where the people’s court has not rendered an effective judgment by the time of the implementation of the Decision on Amending the Trademark Law, Article 56 of the amended Trademark Law shall be referred to to adjudicate the case.
Rule 9 Unless otherwise stipulated by this Interpretation, where a trademark-related civil case accepted by the people's court after the date of implementation of the Decision on Amending the Trademark Law involves any act occurred prior to the date of implementation, the provisions of the Trademark Law before amended shall apply; where such case involves any act occurred after the date of implementation, the provisions of the amended Trademark Law shall apply; where such case involves any act occurred prior to the date of implementation and continued after the date of implementation, the provisions of the Trademark Law before or after amended shall apply respectively.
Rule 10 Where a people’s court accepts a case involving trademark infringement that has already been handled by an administrative department, the court shall still examine the facts of the civil disputes between the parties.
