[Legal News] Supreme Court Issues IP Protection Replies No.33
2025. 12. 26
Recently, the Supreme People’s Court issued the “Selected Replies from ‘Fada Online’ (The 33rd batch) Special Edition on Judicial Protection of Intellectual Property Rights”.
The main contents are as follows:
- Patent evaluation reports may serve as evidence in patent infringement disputes; however, a claim shall not be dismissed solely on the basis of a negative evaluation report.
- The defence of prior use in trade mark infringement cases must satisfy requirements regarding the act of use itself, the time of use, the degree of influence, and the scope of use, etc.
- In determining whether a registered trade mark infringes an already registered domain name, it is necessary to consider whether the domain name registration predates the trade mark registration, whether the domain name enjoys a high level of recognition, whether the relevant goods or services are identical or similar, and whether confusion is likely to arise.
- In unfair competition cases, the recognition of an “enterprise name with a certain degree of influence” requires comprehensive consideration of factors such as the extent of public recognition, sales and promotional activities, and the subjective intent of the defendant.
- Where an individual or entity illegally provides devices or components designed to circumvent or destroy technological protection measures, and such conduct is for profit and the amount of illegal gains or business volume reaches the threshold stipulated under the Criminal Law and relevant judicial interpretations, the conduct shall constitute the crime of copyright infringement.
Source:
https://www.court.gov.cn/zixun/xiangqing/483111.html