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The implementation of trademark infringement judgment standard has made positive results

2020-12-10

In June this year, the State Intellectual Property Office printed and issued the judgment standard for trademark infringement (hereinafter referred to as the standard), which has been widely concerned. Xinhua news agency, people's daily, legal daily and other central media, as well as intellectual property newspaper, market supervision newspaper, China Trademark and other influential media in the field of intellectual property, as well as the official website and official micro blog of the State Intellectual Property Office have carried out extensive and in-depth reports. The standard has been widely praised by the industry and welcomed by the grassroots. Industry experts, scholars, front-line trademark law enforcement and protection personnel and relevant judicial departments have written articles, all of which have given positive comments. The study and discussion of the standard has continued, further expanding the influence of the standard.


After the promulgation of the standard, the State Intellectual Property Office continued to strengthen training and guidance, and carried out four training courses to improve the ability of intellectual property protection. The interpretation of the standard was listed as the key training content, and more than 400 backbone people from all over the country were trained intensively to improve the ability and level of trademark administrative protection. The State Intellectual Property Office has sent personnel to Chongqing, Shanxi, Heilongjiang, Jilin, Hainan, Xinjiang, Beijing, Shandong, Jiangsu, Inner Mongolia and other places to guide and support the development of more than 10 training courses on trademark administrative protection, with a total of more than 1000 people trained, so as to further deepen the understanding and application of the standard by grass-roots law enforcement personnel We have achieved positive results. Participants have reflected that the specific provisions in the standard are highly operational, which has a strong guiding significance for the investigation of trademark infringement cases and provides clear guidance for trademark law enforcement and protection.


The guiding effect of the standard is outstanding. The cases of infringement of "arrow" trademark right and "Schneider" trademark right investigated and dealt with by Huzhou market supervision and Administration Bureau (Intellectual Property Office) of Zhejiang Province both involve the application of law in the use of infringing goods in the processing of contracted labor and materials; the case of infringement of "toto" trademark right investigated and dealt with by Tongjiang branch of Liangxi district market supervision and Administration Bureau of Wuxi City of Jiangsu Province involves the application of law in the infringement of gifts Use questions. The standards have clear guiding provisions for the above problems, further unifying the case handling standards of local law enforcement departments, and promoting the in-depth development of trademark administrative protection.


The implementation of the standard has achieved good results. Recently, the State Intellectual Property Office (SIPO) has carried out a survey on the law enforcement of general trademark violations, in order to deeply understand the practical difficulties and needs of local law enforcement, and lay a foundation for the subsequent formulation of normative documents for general trademark violations, further standardizing trademark use behavior, and maintaining trademark management order. (Fu Zhu)


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