The Interpretation of the Jurisdiction and Application of Law in Trademark Cases after the Implementation of the Amendment Decision of the Trademark Law was promulgated on 25 Mar. 2014 and entered into force on 1 May 2014.

There are nine articles in total, which aim to clarify the jurisdiction over trademark related cases, and the application of the trademark law before and after its revision in 2013.

The key points are as follows:

1.The court will accept the following trademark related cases:

(1) Administrative cases against the review decisions or rulings made by the Trademark Review and Adjudication Board of the Administrative Department for Industry and Commerce;

(2) Cases against other specific administrative acts related to trademarks made by the Administrative Department for Industry and Commerce;

(3) Cases of disputes over trademark ownership;

(4) Cases of infringement on trademark exclusive use right;

(5) Cases of confirmation of non-infringement on trademark exclusive use right;

(6) Cases of disputes over trademark transfer contracts;

(7) Cases of disputes over trademark licensing contracts;

(8) Cases of disputes over trademark agency contracts;

(9) Cases of application for stopping infringement on trademark exclusive use right before litigation;

(10) Cases of damage liability due to the application for stopping infringement on trademark exclusive use right; cases of application for pre-litigation property preservation due to trademark disputes;

(11) Cases of application for pre-litigation evidence preservation due to trademark disputes;

(12) Other trademark cases.

2.The cases mentioned in Item (1) above shall be under the jurisdiction of the relevant intermediate people’s court of Beijing Municipality.

3.Other first-instance civil cases related to trademarks shall be under the jurisdiction of the people’s court at or above the intermediate level and the primary people’s court designated by the Supreme People’s Court.