National News
A judicial interpretation, the draft of which invited public comments at the end of 2008, has become a formal judicial instrument. The Supreme People's Court, April 26, published the Interpretation on Hearing Civil Dispute with Respect to Well-Known Trademark. The 14-provision Interpretation provides for definition of well-known marks, scope of necessity of determination by courts, tests of determination, burden of proof and protection requirements. It is effective from May 1, 2009.
Under the Interpretation, based on preexisting doctrines created from previous trials, such as determination on the case-by-case basis, determination upon need and determination based on facts, the Interpretation prescribes the types of civil disputes subject to the determination and those not subject to.
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