[Commentary] Not long ago, applicants appeared in some areas to apply for registered trademarks with the words "Vulcan Mountain", "Thunder Mountain", "Square Cabin" and "Li Lanjuan" and "Zhong Nanshan" related to epidemic prevention and control, which aroused concern from all walks of life. How does the court cope with such rush to register trademarks? On April 21, the State Council Office held a press conference on the judicial protection of intellectual property rights, and Lin Guanghai, Vice President of the Intellectual Property Trial Division of the Supreme People's Court, responded to this.
[Explanation] Lin Guanghai introduced that the malicious registration of trademarks seriously violated good faith and disrupted the order of trademark registration and market order. The People's Court regulated such acts through case judgments.
[Same period] Lin Guanghai, the second senior judge of the Vice President of the Intellectual Property Tribunal of the Supreme People ’s Court
In 2019, the People's Court concluded a number of cases of malicious registration of trademarks, allowing the parties to maliciously register trademarks to lose the lawsuit and lose money. Whoever violates the law must pay the price and resolutely maintain the legal order of trademarks.
[Commentary] At the same time, relevant departments are constantly improving the judicial system and strictly regulating malicious registration of trademarks.
[Same period] Lin Guanghai, the second senior judge of the Vice President of the Intellectual Property Tribunal of the Supreme People ’s Court
In March 2017, the Supreme People ’s Court promulgated the “Provisions on Several Issues Concerning the Trial of Administrative Cases Concerning Trademark Authorization and Confirmation”, which further improved the applicable standards of trademark registration laws. The "Supreme People's Court's Opinions on Comprehensively Strengthening Judicial Protection of Intellectual Property Rights" released today has further strengthened the regulation of malicious registration of trademarks.
[Explanation] Lin Guanghai said that the court will conduct a full chain governance of malicious cybersquatting trademarks, making malicious cybersquatting unprofitable.
[Same period] Lin Guanghai, the second senior judge of the Vice President of the Intellectual Property Tribunal of the Supreme People ’s Court
Adhere to the value orientation of "trademarks are for use, not for speculation". Those who maliciously register trademarks and transfer profits are not protected according to law. From malicious application for registration to malicious transfer, full-chain governance is carried out to prevent malicious registration. Available.
[Explanation] Lin Guanghai introduced that the Supreme Law will further smooth the information exchange and sharing mechanism with the State Intellectual Property Office and other relevant departments, and study the integration of perpetrators of dishonest litigation into the national credit information system.
[Same period] Lin Guanghai, the second senior judge of the Vice President of the Intellectual Property Tribunal of the Supreme People ’s Court
We further smoothed the information exchange and sharing mechanism with the State Intellectual Property Office and other relevant departments, strengthened the monitoring of malicious squatting trademark applicants, agents and related companies, and included dishonest litigation actors into the national credit information system to form a joint construction The deterrent effect of governance.
Reporter Shan Lu from Beijing
Editor in charge: [Wang Kai]