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OFFICIAL REPLY ON WHETHER THE VICTIM IN PRODUCT INFRINGEMENT CASES CAN HAVE CIVIL ACTION AGAINST THE PRODUCT TRADEMARK OWNER AS DEFENDANT |
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(Announcement of the Supreme People's Court of the People's Republic of China (Interpretation No. 22 [2002] of the Supreme People's Court), July 11, 2002: The "Official Reply of the Supreme People's Court on Whether the Victim in Product Infringement Cases Can Have Civil Action Against the Product Trademark Owner As Defendant", which was adopted at the 1229th meeting of the Judicial Committee of the Supreme People's Court on July 4, 2000, are hereby promulgated, and shall come into force on July 28, 2002) |
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SUBJECT : TRADEMARK; DEFENDANT |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 07/11/2002 |
IMPLEMENT DATE : 07/28/2002 |
LENGTH : 179 words |
TEXT : |
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Regarding No. 271 [2001] of Beijing Municipal Higher People's Court, that is, the "Report on Request for Instruction to the Result on Establishment of Litigation Subjects for the Case of 'Jing Qilian and Zhang Xinrong, etc. v. the US GM Corporation, the US GM Overseas Corporation' over Indemnity for Damage" , upon study, we hold, any enterprise or individual who indicates its/his own name, trademark or other distinguishable marks on the products and identifies itself/himself to be the product producer, shall belong to the "manufacturers" provided for in Article 122 of the "General Principles of Civil Law of the People's Republic of China" and the "producers" provided for in the "Law of the People's Republic of China on Product Quality". In this case, the US GM Corporation is the owner of the trademark of the vehicle involved in accident, therefore, on the basis of the lawsuit brought by the aggrieved party and the actual situation of this case, there is no inappropriateness to regard GM Corporation, GM Overseas Corporation and GM Brazil Corporation as the defendants in this case.
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