In order to standardize the trial of civil disputes involving registered trademarks, corporate names and prior rights conflicts, the Supreme People's Court passed the Supreme People's Court on February 18, 2008 on civil disputes concerning the trial of registered trademarks, corporate names and prior rights conflicts. Provisions on Certain Issues (hereinafter referred to as the "Regulations"). The "Regulations" were officially implemented from March 1st, clarifying that the "defective brand" behavior will be held accountable for infringement.
“å‚å牌†phenomenon is quite common
“å‚å牌†is an unfair competition. Its main means include: registering a well-known trademark as the name of its own company, registering the name of a well-known company as its own trademark, or similarly the name of a famous trademark or famous company. The form is registered as its own trademark or name in order to confuse the company name and brand name, trying to make consumers mistakenly believe that the well-known brand is produced by the company, thereby expanding sales and making profits. The most frequent occurrence of “å‚å牌†behavior, the most familiar way for consumers is to register a famous trademark as its own company name. This way is to catch a "brand-name free ride", in an attempt to make consumers difficult to distinguish between genuine and fake brands, thereby increasing the sales of their products or services.
According to relevant persons from the Municipal Administration for Industry and Commerce, in recent years, in the economic violation cases investigated and dealt with by the municipal industrial and commercial department, the “famous brand†cases accounted for a large proportion and increased year by year. According to statistics, in 2007, the total number of “famous brand†cases investigated and handled by the municipal industrial and commercial department reached 210. The “name brand†behaviors investigated include: the manufacture of counterfeit and counterfeit goods that infringe on the registered trademark rights of others, the name, packaging, decoration and name of the company that are unique to counterfeit goods. The goods that are “smashed†are mainly famous wines, brand-name clothing and food, beverages, condiments and daily necessities.
For example, in October last year, the law enforcement officers of the City and the Industrial and Commercial Bureau's Diecai Branch found that the sales department had "Hong Kong? Philips International Lighting" and "PHIDCPS" high-efficiency fluorescent tubes, allegedly infringing Philips (inspected by a business department of Baiye Mall). China) Investment Co., Ltd.'s "PHILIPS" registered trademark exclusive rights. The industrial and commercial department detained 350 suspected infringing lamps in accordance with the law and filed an investigation on the business owners. As determined by Philips, the above goods are not produced by the company.
Subsequently, the industrial and commercial department imposed penalties on the operation department according to law.
Lawyer Interpretation: "å‚å牌" was included in the acceptance of the court's civil tort case
Recently, the reporter interviewed Gao Xiang, the director of Cong Zhongjian Law Firm. Gao Xiang believes that China's regulation and adjustment of the "defective brand" behavior is more common in laws and regulations and judicial interpretations with strong administrative management, such as the "Anti-Unfair Competition Law", the "Trademark Law" and related judicial interpretations, and "Resolving Opinions on Certain Issues in Trademarks and Business Names, and Regulations on the Administration of Enterprise Name Registration. These laws and regulations are more from the perspective of administrative management, and the supervision of the phenomenon of “famous brand†is also the administrative responsibility. However, it has been disputed whether the dispute caused by the "name brand" can be tried by the court as a civil tort case, and there is no corresponding law or regulation or judicial interpretation to clarify it. Therefore, the legitimate civil rights of the right holder cannot be protected in time. In response to the legal gap in this field, the Supreme People's Court passed the "Regulations" on February 18 this year. The "Regulations" clarify that "if the name of the enterprise infringes the exclusive right to use the registered trademark or constitutes unfair competition, the people's court may, according to the plaintiff's claim and the specific circumstances of the case, determine the civil liability of the defendant for the cessation of use and standard use." This shows that the unfair competition behavior of “å‚å牌†has been included in the acceptance of civil tort cases in the people's courts. In the future, the rights holders of famous trademarks have the right to demand that the infringer bear the cessation of use, standard use and other civil tort liabilities including the form of apology and compensation for losses, etc. by means of filing a lawsuit in the people's court.
Gao Xiang said that in recent years, various types of civil disputes arising from the conflicts between registered trademarks, corporate names and prior civil rights have gradually increased, which has caused widespread concern in social and economic life. Some of the phenomena such as “defective brand†have a market economic order. It has caused great harm and has become a hot spot and a difficult point in intellectual property dispute cases. Therefore, the implementation of the "Regulations" has become a legal weapon for well-known enterprises and well-known trademark holders to defend their rights and fight against "defective brand" behaviors, and has also provided new treatments for the trials of the more difficult "defective brand" cases in trial practice in recent years. The legal basis will be conducive to promoting the formation of a standardized and orderly market competition environment.
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