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The Supreme Court promulgated the opinions on Several Issues concerning the trial of administrative
Time:2010-04-26 View:89
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On April 25, the Supreme People's Court published the opinions of the Supreme People's Court on Several Issues concerning the trial of administrative cases of trademark authorization and confirmation, which for the first time put forward guiding opinions on several judicial review standards for administrative cases of trademark authorization and confirmation in the form of normative documents.

It was learned from the person in charge of the Intellectual Property Tribunal of the Supreme People's court that since the revised trademark law in 2001 included the rejection review decision, objection review decision, dispute decision and revocation review decision made by the Trademark Review and Adjudication Board on the confirmation of trademark authorization into the scope of judicial review, the people's court has tried nearly 4000 administrative cases of trademark authorization and confirmation, including many major, difficult and complex cases, great social impact and high degree of concern. The people's courts have accumulated rich trial experience by hearing such cases in accordance with the law, effectively performing their duties of judicial review in accordance with the law, and actively explored the application of relevant laws in the trial work. On the basis of in-depth study and extensive listening to the opinions of all parties, the Supreme People's court has formulated the above normative documents in accordance with the Trademark Law of the people's Republic of China, the administrative procedure law of the people's Republic of China and other laws and regulations, and in combination with the trial practice, to guide the trial practice.

There are 20 articles in the opinions, which put forward guiding opinions on outstanding issues in the judicial review of trademark authorization and confirmation, such as the overall judicial policy orientation, the review and judgment on whether the trademark has significant characteristics, the protection of well-known trademarks, the rush registration of agents or representatives, the judgment on the similarity of goods and trademarks, the protection of prior rights, the review and judgment on the suspension of the use of registered trademarks for three consecutive years, and clarify the relevant legal boundaries, The unification of judicial standards is of great significance for the people's courts to correctly perform their duties of judicial review and regulate the acts of trademark authorization and confirmation.


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