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Interpretation of the Supreme People's Court on Issues concerning Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases (2020 Revision)

Article 1 The People’s Court shall accept the following trademark cases:

1. Administrative cases of dissatisfaction with the review decision or ruling made by the State Intellectual Property Office;

2. Cases of dissatisfaction with other administrative actions related to trademarks made by the State Intellectual Property Office;

3. Cases of disputes over trademark ownership;

4. Cases of disputes over trademark infringement;

5. Cases concerning disputes over confirmation of non-infringement of trademark rights;

6. Cases over disputes over trademark transfer contracts;

7. Cases over disputes over trademark license contracts;

8. Trademark agency contract dispute cases;

9. Cases of applications to stop infringement of exclusive rights to registered trademarks before litigation;

10. Cases of application to stop infringement of exclusive rights to registered trademarks and liability for damages ;

11. Application for pre-litigation property preservation case;

12. Application for pre-litigation evidence preservation case;

13. Other trademark cases. Article 2 For the first-instance cases listed in Item 1 of Article 1 of this Interpretation, the Beijing Higher People's Court shall determine the jurisdiction of the relevant intermediate people's courts within its jurisdiction based on the authorization of the Supreme People's Court.

The jurisdiction of the first-instance cases listed in Item 2 of Article 1 of this Interpretation shall be determined in accordance with the relevant provisions of the Administrative Procedure Law.

First-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level.

Based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, each higher people's court may identify 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases. Article 3 If a trademark registrant or interested party applies to the State Intellectual Property Office for handling of trademark infringement, and then files a lawsuit for trademark infringement in the People's Court to request damages, the People's Court shall accept the case. Article 4 For cases accepted by the State Intellectual Property Office before the decision to amend the Trademark Law is implemented, a review decision or ruling will be made after the decision is implemented. If a party is dissatisfied with the review decision or ruling and files a lawsuit in the People's Court, the People's Court shall accept the case. Article 5 Unless otherwise provided in this Interpretation, matters that occur before the decision to amend the Trademark Law is implemented shall fall under Article 4, Article 5, Article 8, Article 9, Paragraph 1, and Article 10, Paragraph 1 of the revised Trademark Law. Items (2), (3), (4), Article 10, paragraph 2, Article 11, Article 12, Article 13, Article 15, Article 16, Article 24 , the circumstances listed in Articles 25 and 31, if the State Intellectual Property Office makes a review decision or ruling after the implementation of the decision to amend the Trademark Law, and the party is dissatisfied with the administrative case and files a lawsuit in the People's Court, the revised Trademark Law shall apply The review shall be conducted according to the corresponding provisions; in other cases, the corresponding provisions of the Trademark Law before the amendment shall be applied for review. Article 6 If a party has a dispute over a registered trademark that has been one year old when the decision to amend the Trademark Law was implemented, and is dissatisfied with the ruling made by the State Intellectual Property Office and files a lawsuit in the People's Court, the provisions of Paragraph 2 of Article 27 of the Trademark Law before the amendment shall apply. The time limit for filing an application; if the trademark registration is less than one year when the decision to amend the Trademark Law is implemented, the time limit for filing an application stipulated in Paragraphs 2 and 3 of Article 41 of the revised Trademark Law shall apply. Article 7 For infringement of the exclusive right to use a trademark that occurred before the decision to amend the Trademark Law was implemented, if the trademark registrant or interested party applies to the People's Court for an order to stop the infringement or to preserve evidence after the decision was implemented and before filing a lawsuit, the following provisions shall apply: The provisions of Articles 57 and 58 of the revised Trademark Law. Article 8: For cases involving prosecution of infringement of trademark exclusive rights that occurred before the decision to amend the Trademark Law was implemented, if the People's Court has not made an effective judgment when the decision was implemented, it shall be handled with reference to the provisions of Article 56 of the revised Trademark Law. Article 9 Unless otherwise provided in this interpretation, if the trademark civil dispute cases accepted by the People's Court after the implementation of the decision to amend the Trademark Law involve civil acts that occurred before the implementation of the decision, the provisions of the Trademark Law before the amendment shall apply; if they involve civil acts that occurred after the implementation of the decision, The provisions of the Trademark Law after the amendment shall apply to civil acts involving civil acts that occurred before the implementation of the decision and continued after the implementation of the decision. The provisions of the Trademark Law before and after the amendment shall apply respectively.

Article 10: If a trademark infringement dispute case accepted by the People's Court has been handled by the administrative department, the People's Court shall still review the facts of the civil dispute between the parties.