On October 14, 2014, the Supreme People’s Court published a draft judicial interpretation for public comment: “Regulations of the Supreme People’s Court on Certain Issues Related to Trials of Administrative Cases Involving the Grant and Confirmation of Trademark Rights.” (最高人民法院关于审理商标授权确权行政案件若干问题的规定). This is one of two planned JI’s to implement the revised trademark law. The second JI will consider trademark infringement matters. Comments on this draft are due by November 15.
Attached is a the translation of this draft JI for public comment, provided by Joe Simone of Simone IP Services.
The title of the draft interpretation should be “Regulations of the SPC…”
I was told in a recent meeting of the SPC that there are various documents that are all “judicial interpretations”, and that there is no significant difference in legal effect based on whether it is a “judicial interpretation” , regulation, etc. In this case it described as a “guiding” 规定。 I have changed the blog to reflect Joe Simone’s translation: “Regulations of the Supreme People’s Court on Certain Issues Relatedto Trials of Administrative Cases Involving the Grant and Confirmation of Trademark Rights.”
According to SPC regulations, there are 4 types of JIs, one of which is “regulations.” “Opinion” isn’t one of them, but the SPC uses it when they issue documents with MPS and others without JI authority.