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CIRCULAR OF THE SUPREME PEOPLE'S COURT ON ESTABLISHING THE ARCHIVAL FILING SYSTEM OF JUDICIAL RECOGNITION OF WELL-KNOWN TRADEMARKS

circular of the Supreme People's Court on Establishing the Archival Filing System of Judicial Recognition of Well-known Trademarks

Higher Courts of all provinces, autonomous regions and municipalities directly under the central government, Military Court of the People's Liberation Army, Production and Construction Corp Court of Higher Court of Xinjiang Uigur Autonomous Region:

In recent years, the local people's courts recognized a certain number of well-known trademarks under with the Trademark Law of the People's Republic of China and relevant judicial interpretations when trying cases on trademark infringement and other civil disputes. For the need of the trial work and to timely grasp and research the situations and problems about judicial recognition of well-known trademarks, the Supreme People's Court determines to establish the archival file system of judicial recognition of well-known trademarks. A circular in respect of relevant issues are hereby given as follows:

1.

With regard to the cases involving recognition of well-known trademarks in force prior to this Circular, each higher people's court shall, within two months as of the distribution of this Circular, submit the legal documents of the first and the second instances along with the statistical forms of the cases on recognition of well-known trademarks to No. 3 Civil Tribunal of the Supreme People's Court for archival filing;

2.

As from the distribution of this Circular, each higher people's court shall, with regard to the cases involving recognition of well-known trademarks within its jurisdiction whose legal documents have become effective, submit the legal documents of the first and second instances along with the statistical forms to No. 3 Civil Tribunal of the Supreme People's Court for archival filing within 20 days since the legal documents have become effective.

Appendix: Pattern of the Statistical Form (Omitted)

The Supreme People's Court

November 12, 2006

  The Supreme People's Court 2006-11-12  


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