The Reply of the Supreme People's Court on whether the victim of product infringement case can file a civil lawsuit with the product trademark owner as the defendant was adopted by the the Supreme People's Court Judicial Committee at its1229th meeting on July 4th, 2002. Is hereby promulgated and shall come into force as of July 28, 2002.

July 2002 1 1 day

Victims of Product Infringement Cases in the Supreme People's Court

Reply on whether the product trademark owner can file a civil lawsuit as the defendant.

(Member of the Judicial Committee of the Supreme People's Court on July 4, 2002.

Adopted at the1229th meeting (interpretation [2002] No.22)

Beijing Higher People's Court:

Your Request for Instructions on Determining the Results of Litigants in Damage Compensation Cases such as Jing Qilian and Zhang Xinrong has been received. V. The case (No.27 1) between American General Motors Corporation and American General Motors Overseas Company has been received. Through research, we believe that any enterprise or individual who manifests its name, name, trademark or other identifiable marks on its products to show that it is a product producer belongs to the "product producer" as stipulated in Article 122 of the General Principles of Civil Law of People's Republic of China (PRC) and the "producer" as stipulated in the Product Quality Law of People's Republic of China (PRC). In this case, General Motors of the United States is the trademark owner of the accident car. According to the victim's claim and the actual situation of this case, it is not improper to take General Motors, General Motors Overseas Company and General Motors Brazil Company as defendants in this case.