Judicial interpretation: "Pong brand name" Regulation take the first step

Keywords: judicial interpretation Pong-brand monitor brand brand management brand building

Brand-name "Pong" is illegal traders in the market the most frequently used means of unfair competition, as China's unfair competition law is prohibited. The Supreme People's Court 17 published "trial unfair competition, civil matters application of the law", first clear the counterfeit brand this kind of unfair competition.

This is the Supreme People's Court published the first involving unfair competition cases of judicial interpretation. The Supreme People's court official said, the anti-unfair competition law since 1993 to December 1, purposes, with the deepening of reform and opening up and development of external relations, the people's Court trial unfair competition cases met many new situations and problems.

This new judicial interpretation 19 total involving unfair competition law, phishing, false propaganda, violation of trade secrets and commercial defamation and unfair competition found, civil liability application and related proceedings.

China's unfair competition law expressly provides that the unauthorized use of a well-known commodity-specific names, packaging, decoration, or used with the name of the well-known goods approximation, packaging and decoration, and other people confused, famous brands so that the purchaser is the well-known commodity mistakenly believe that; or unauthorized use of someone else's business name or name, cited people mistaken for someone else's goods are "unfair competition".

The Supreme People's Court of Justice interpreted the provisions relating to specific content is defined: "famous" as the commodities in China with a certain degree of market awareness, for the relevant public is aware of the merchandise. But with the difference of the salient features of the goods from the goods of the name, packaging and decoration, it should be recognized as "proprietary name, packaging or decoration".

Judicial interpretation at the same time provides not recognized as well-known commodity-specific name, packaging and decoration. Including well-known commodity-specific name, packaging or decoration containing this product was added to generic names, graphics, model, or directly represents quality, main raw materials, function, use, weight, quantity, and other characteristics, or contains place names, others due to objective description of the goods and the proper use, do not constitute acts of unfair competition. But sufficient to enable the relevant public of the sources of production of goods, including mistaken for mistaken and the well-known commodity managers have the license to use, the affiliate relationship-specific, should be identified as the "lead and others confuse, famous brands so that buyers mistaken for the well-known commodity."

This judicial interpretation will be February 1, 2007.