The Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Protection for Well-Known Trademarks was promulgated on 23 Apr. 2009 and entered into force on 1 May 2009.

There are 14 articles in total, which aim to provide a unified standard of law application for the court to hear civil disputes involving well-known trademarks such as infringement on trademark rights.

The key points are as follows:

1.Well-known trademark refers to the trademark widely known by the relevant public in China. The court will determine whether the trademark is well-known or not according to the actual situation.

2.In civil disputes involving the protection for well-known trademarks, the court’s recognition of well-known trademarks is only used as the fact of the case and the reason for the judgment, but will not be included in the main text of the judgment; if the case is closed by mediation, the fact that the disputed trademark is a well-known one shall not be recognized in the settlement agreement.