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by:XJ BEAUTY     2020-05-03
The Supreme People's Court about conflict registered trademark and enterprise name and prior right < p> 2017 - 03 - 16 13:24:18 < / p> < p> the Supreme People's Court on the trial of a registered trademark, enterprise name and prior right conflict the provisions of the civil dispute case certain question ( February 18, 2008, the 1444th meeting by the Supreme People's Court trial committee) Method no. 3 [2008] of the Supreme People's Court of the People's Republic of China announced the Supreme People's Court on the trial of a registered trademark and enterprise name and prior right conflict the provisions on some issues of civil dispute case on February 18, 2008, in 1444th meeting by the judicial committee by the Supreme People's Court. Are hereby released, and effective as of March 1, 2008. February 18, 2008 for the correct cognizance of a registered trademark, enterprise name and prior right conflict of civil disputes, according to the law of the People's Republic of China civil procedure law, the civil law of the People's Republic of China, the 'trademark law of the People's Republic of China' and 'anti-unfair competition law of the People's Republic of China' and other legal provisions, in combination with trial practice, these provisions are formulated. Article 1 of the plaintiff to registered trademarks of others using text, graphics, infringe upon the copyright, patent right for design, right to enterprise name grounds such as prior right to lodge a complaint, meet the requirements of article one hundred and eight of the civil procedure law, the people's court shall accept the application. The plaintiff to others to use the registered trademark of the commodity and its first registered trademark for identical with or similar to a lawsuit, the people's court shall, according to article one hundred and eleven of the civil procedure law 3) The provisions of item, apply to the relevant administrative authorities solve told the plaintiff. But the plaintiff to others or to change beyond the scope of verification items of significant features, split, combination methods such as the use of a registered trademark, and its registered trademark for identical with or similar to a lawsuit, the people's court shall accept the application. Article 2 the plaintiff to others name rather than the preceding one same or similar enterprise name, enough to make the relevant public confusion on the sources of its commodities, in violation of article 5 of the anti-unfair competition law ( 3) The provisions of item for lawsuit, meet the requirements of article one hundred and eight of the civil procedure law, the people's court shall accept the application. Article 3 the people's court shall, according to the plaintiff's claims and disputes the nature of the civil legal relationship, according to the regulations of the civil cases the cause of action ( Trial) ', a registered trademark or enterprise name and prior right conflict of civil disputes causes, and apply corresponding laws. Article 4 the alleged infringement of right to the exclusive use of a registered trademark or enterprise name constitutes unfair competition, the people's court may, according to the plaintiff's claim and the specific circumstances of the case, determine the defendant bear civil liabilities such as stop using, standard use. < / P> < P> source: law library WWW. 法律, 自由。 com < / P> < P> < / P>
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