关于审理商标案件有关管辖和法律适用范围问题的解释

法释[2002]1号
(Promulgated by the Supreme¹ People's Court on 9 January 2002 and effective as of 21 January 2002.)
颁布日期：20020109 　实施日期：20020121 　颁布单位：最高人民法院

　　The Standing² Committee of the National People's Congress, Amendment³ of the Decision (the Trademark⁴ Law Amendment Decision) has been adopted in the 24th meeting of the 9th Standing Committee of the National People's Congress and has been effective since 1 December 2001. The following interpretation⁵ of several questions concerning the jurisdiction⁶ and the scope of the application of law to the trial of trademark cases by the people's courts pursuant to the PRC, Trademark Law, (the Trademark Law), the PRC, Civil Procedure Law and the PRC, Administrative⁷ Litigation Law (the Administrative Litigation Law), in order to correctly hear such cases:

　　Article 1　The people's courts shall accept the following trademark cases:

　　1. cases where a party is dissatisfied with the review decision or ruling by the Trademark Review and Adjudication Board of the industry and commerce administrative department of the State Council (the Trademark Review and Adjudication Board);

　　2. cases where a party is dissatisfied with the specific administrative act regarding the trademark by the industry and commerce administrative department;

　　3. cases involving disputes over ownership of the exclusive right to use a trademark;

　　4. cases involving disputes over infringement⁸ of the exclusive right to use a trademark;

　　5. cases involving disputes over contracts for the assignment of exclusive right to use a trademark;

　　6. cases involving disputes over trademark licensing⁹ contracts;

　　7. cases involving an application for a pre-litigation injunction to cease infringement of the exclusive right to use a trademark;

　　8. cases involving an application to preserve property prior to litigation;

　　9. cases involving an application to preserve evidence prior to litigation; and

　　10. other trademark cases.

　　Article 2　The Beijing High People's Court shall, as authorized¹⁰ by the Supreme People's Court, decide the jurisdiction of intermediate people's courts within its administrative area over the first hearing of cases listed in Item 1 of Article 1 hereof.

　　Jurisdiction over the first hearing of cases listed in Item 2 of Article 1 hereof shall be decided¹¹ in accordance with the relevant provisions of the Administrative Litigation Law.

　　The first hearing of civil cases of trademark disputes shall come under the jurisdiction of the people's courts above the intermediate level.

　　All high people's courts may, in accordance with the situation within their jurisdiction and with the approval of the Supreme People's Court, designate the first hearings of civil cases of trademark disputes to 1-2 elementary people's courts in relatively¹² large cities.

　　Article 3　Where a trademark registrant or interested party petitions to the industry and commerce administrative department for the handling of infringement of the exclusive right to use a trademark, and applies to the people's court for compensation for damage caused by infringement of the exclusive right to use a trademark, the people's court shall accept the case.

　　Article 4　The Trademark Review and Adjudication Board shall, after the implementation¹³ of the Trademark Law Amendment Decision, render a review decision or ruling on cases accepted prior to the implementation of the Decision. If a party is dissatisfied with the review decision or the ruling and institutes proceedings¹⁴ in a people's court, the people's court shall accept the case.

　　Article 5　Except where this Interpretation stipulates¹⁵ otherwise, in a circumstance that takes place before the implementation of the Trademark Law Amendment Decision, and that is listed in Article 4, 5 or 8, Paragraph One of Article 9, Item 2, 3 or 4 of Paragraph One of Article 10, Paragraph Two of Article 10, Article 11, 12, 13, 15, 16, 24, 25 or 31 of the amended¹⁶ Trademark Law, the Trademark Review and Adjudication Board shall render a review decision or ruling after the implementation of the Trademark Law Amendment Decision. If a party is dissatisfied and institutes an administrative action in a people's court, the case shall be investigated in accordance with the corresponding provisions of the amended Trademark Law. Other cases shall be investigated in accordance with the corresponding provisions of the Trademark Law prior to amendment.

　　Article 6　If a dispute arises over a trademark that has been registered for a full year as of the date when the Trademark Law Amendment Decision came into force, and the party is dissatisfied with the ruling of the Trademark Review and Adjudication Board and institutes proceedings in a people's court, Paragraph Two of Article 27 of the Trademark Law prior to amendment regarding the time limit for application shall apply. If the trademark has been registered for less than a full year as of the date when the Trademark Law Amendment Decision came into force, Paragraphs Two and Three of Article 41 of the amended Trademark Law regarding the time limit for application shall apply.

　　Article 7　In cases of infringement of the exclusive right to use a trademark occurring prior to the implementation of the Trademark Law Amendment Decision, where the trademark registrant or interested party, after the implementation of the Decision, applies to the people's court for an injunction to cease infringement of the exclusive right to use a registered trademark or for the preservation¹⁷ of evidence prior to litigation, Articles 57 and 58 of the amended Trademark Law shall apply.

　　Article 8　In regards to cases of litigation over infringement of the exclusive right to use a trademark instituted before the implementation of the Trademark Law Amendment Decision, where the people's court has not yet made an effective judgment¹⁸ as of the date when the Decision came into force, they shall be handled in accordance with Article 56 of the amended Trademark Law.

　　Article 9　Except where this Interpretation stipulates otherwise, where a civil case of trademark dispute that has been accepted by the people's court after the implementation of the Trademark Law Amendment Decision involves civil acts that occur prior to the implementation of the Decision, the provisions of the Trademark Law prior to amendment shall apply; where the case involves civil acts that occur after the implementation of the Decision, the provisions of the amended Trademark Law shall apply; and the Trademark Law prior to and after implementation shall apply respectively to civil acts that occur before the implementation of the Decision and continuing after the implementation of the Decision.

　　Article 10　A people's court shall still investigate the facts of the civil dispute between the parties involved in a case of dispute over the exclusive right to use a trademark accepted by the people's court that has already been handled by the industry and commerce administrative department.