China News Service, April 21, in response to malicious trademark registration and epidemic-related trademark situations, Lin Guanghai, Vice President of the Intellectual Property Trial Division of the Supreme People's Court, said today that the Supreme Law will further facilitate information exchange and sharing with the State Intellectual Property Office and other relevant departments Mechanisms, strengthen the monitoring of malicious squatting trademark applicants, agents and related companies, and study the incorporation of dishonest litigation actors into the national credit reporting system to form a deterrent for co-building and co-governance.
On the 21st, the State Council Office held a press conference on the judicial protection of intellectual property rights. Lin Guanghai pointed out that malicious registration of trademarks seriously violated good faith and disrupted the order of trademark registration and market order. In recent years, the People's Court has taken five measures to form a set of combined punches and strictly regulate malicious registration of trademarks.
The first is regulation through case refereeing. 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.
The second is regulation through judicial policy. 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.
The third is to regulate through value leadership. Adhere to the value orientation of "Trademarks are for use, not for speculation". For malicious registration of trademarks and the transfer of profits, they are not protected according to law. From malicious applications to malicious transfers, full-chain governance is carried out to prevent malicious registration. Figure.
The fourth is to regulate through case guidance. For example, the “Jordan” trademark dispute case concluded by the Supreme People ’s Court in previous years and the typical cases of “Aopu” trademark infringement and unfair competition issued this year demonstrate the firm attitude and positive effect of the People ’s Court in cracking down on malicious trademark registration. The malicious cybersquatting behavior retreated.
Fifth, regulation is through joint construction and governance. Further smooth the information exchange and sharing mechanism with the State Intellectual Property Office and other relevant departments, strengthen the monitoring of malicious squatting trademark applicants, agents and related enterprises, study the integration of dishonest litigation actors into the national credit reporting system, and form a joint construction The deterrent effect of governance.