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Article: Supreme People's Court's Interpretation on Application of Law on Trade Mark Disputes.
- Article from:
- Mondaq Business Briefing
- Article date:
- October 31, 2002
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Following the implementation of the Trade Mark Law and its Implementing Regulations on 1st December 2001 and 15th September 2002 respectively, the Supreme People's Court of China has issued the Interpretation on Several Issues Relating to the Application of Law in Adjudicating Civil Trademark Dispute Cases which came into force on 16th October 2002.
According to the Interpretation, although non-recordal of a trade mark license agreement as is required under the PRC Trade Mark Law does not make the license void, the license is not enforceable against a "bona fide third party". The Interpretation however does not explain what it means.
Under the ...