• Professional News
  • 07 May 2013

The number of trademark civil cases increases in Chinese Courts

From 2010 to 2012, the Chinese Courts tried 41,266 trademark civil cases, 5,943 trademark administrative cases and 3,391 unfair competition cases, according to the Supreme Court of China. Since 2010, the number of trademark civil cases has increased with more than 50 per cent annually.

In recent years, China has increasingly clamped down on intellectual property rights infringements. According to the Supreme Court of China, the Chinese Courts tried 41,266 trademark civil cases, 5,943 trademark administrative cases and 3,391 unfair competition cases between 2010 and 2012. Since 2010, the number of trademark civil cases has increased with more than 50 per cent annually.

The development within the trademark civil cases and unfair competition cases in recent years is characterized by the following:

  • More cases emerge with highlighted social concern because of their substantial influence on society
  • More cases concern complicated facts, which may lead to difficulties in the application of existing law
  • More cases concern internet-based infringement

Not surprisingly the most common and outstanding cases concerning trademark infringement and unfair competition relate to:

  • unlawful registration of well-known trademarks owned by others
  • unlawful registration of trademarks owned by others  as company names overseas
  • unlawful registration of famous trade names and unregistered trademarks, which have been in use and have a certain influence

Pre-trial provisional measures matter
According to Supreme Court spokesman Sun Juntong, the Chinese Courts devote great attention to the trademark infringement and unfair competition cases. Punishment has been sentenced in several cases of trademark counterfeiting, trademark squatting and free-riding, and the Chinese Courts hope these cases will have a preventive effect on potential infringers.  

Moreover, the Supreme Court points out that pre-trial provisional measures are of particular importance to protect intellectual property rights. Statistics from China’s State Intellectual Property Office (SIPO) show that from 2010 to 2012, the Chinese Courts confirmed more than 85 per cent of the reported cases. These include 212 cases regarding preliminary injunction, 800 cases regarding pre-trial evidence preservation, and 220 cases regarding seizure actions before litigation.

For more information please contact Claus Barrett Christiansen, clb@bechbruun.com.

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