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Supreme People's Court's Explanation On People's Court's Injunctive Relief Towards Registered Trademark Right - 2001

(Passed on November 22, 2000 by the 1144th conference of the trial committee of the Supreme People's Court, and became effective since January 21, 2001)

 

In order to correctly obtain injunctive relief concerning a registered trademark's exclusive rights and to avoid the need for repeated applications for injunctive relief, the Supreme People's Court hereby sets out an explanation of the People's Court's injunctive relief measures concerning a Registered Trademark's Exclusive Right, which are as follows:

Article 1. When the People's Courts grant injunctive relief measures in accordance with the Civil Procedure Law ofthe People's Republic of China concerning a registered trademark's exclusive rights to a trademark, the Peoples Court shall issue an "Assisting Enforcing Notice" to the Chinese Trademark office of the State Administration Bureau of Industry and Commerce (hereafter referred as TMO), stating the name, the registrant, the registration number and the injunctive relief term of the registered trademark it requires the TMO to assist with enforcement of the injunctive relief, as well as the contents ofof the court order provisions including the prohibitions against assignment the trademark, withdrawing the trademark, changing trademark registration items and changing of the trademark's exclusive right.

Article 2. The term of the injunctive relief shall not exceed six months in length with the term to be calculated from the date when TMO receives the Assisting Enforcing Notice. If continuing injunctive relief measures concerning the registered trademark's exclusive right are required, the People's Courts shall re-issue the Assisting Enforcing Notice to TMO to request continuing injunctive relief before expiration of the initial injunctive relief term. Otherwise, that injunctive relief measures concerning the registered trademark's exclusive right will be released without further order of the People's Court

Article 3. The holder of a registered trademark's exclusive right who has already obtained injunctive relief from the People's Courts, shall not make application for further injunctive relief.

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