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Unified law enforcement standards! "Trademark infringement judgment standard" issued

2020-06-17

  In order to thoroughly implement the decision and deployment of the Party Central Committee and the State Council on strengthening the protection of intellectual property rights, strengthen the guidance of trademark law enforcement, unify the law enforcement standards, and strengthen the protection of the exclusive right to use trademarks. A few days ago, the State Intellectual Property Office issued the "trademark infringement judgment standard" (hereinafter referred to as the "standard").
After the institutional reform of the party and the state in 2018, the central government made it clear that the State Intellectual Property Office was responsible for the business guidance of trademark patent law enforcement, "formulating and guiding the implementation of trademark right, patent right confirmation and infringement judgment standards.". The formulation of the standards is not only a practical need to implement the requirements of institutional reform and strengthen the guidance of trademark law enforcement, but also a specific measure to implement the opinions on strengthening the protection of intellectual property rights and its promotion plan.


Within the framework of trademark law, based on the guiding function of trademark law enforcement business, the standard systematically combs and summarizes the beneficial experience and practices of trademark administrative protection over the years, provides specific operational guidelines for trademark law enforcement departments to administer according to law, and creates a highly transparent and predictable intellectual property protection environment for market subjects. There are 38 articles in the standard, which specify the use of trademarks, the same kind of goods, similar goods, the same trademark, similar trademarks, easy to be confused, sales exemption, conflict of rights, suspension of application, identification of obligees, etc.


The relevant person in charge of the Protection Department of the State Intellectual Property Office said that next, we will do a good job in the policy interpretation of the standard, increase training efforts, and promote the implementation of the standard. At the same time, we should do a good job in guiding cases, typical cases and administrative responses, constantly improve the business guidance system, enhance the level of law enforcement and protection, increase the protection of intellectual property rights, and create a good business environment.


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