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IP Protection Against Infringing Goods
Market operators are liable to effectively stopping the infringing conduct upon the rightful trademark owner within the market and are also liable jointly and severally liable for the result to the infringement.
The above decision by the court was given when a french company opposed the other company for use of its legally registered trademarks on counterfeit products, even in spite of issuance of an announcement by the Beijing Administration for Industry and Commerce forbidding the sale in every market of goods infringing others' exclusive right to the use of registered trademarks as is the requirement under the Regulations for the Implementation of the Trademark Law. The significance of this decision is that it established the liability of market operators and effectively normalized the conduct of market operators. The court played a positive role in guiding the development of the line of trade and demonstrated that the Chinese government is actively fulfilling its international commitment, as well as its determination to equally safeguard the interests of domestic and foreign obligees to protect intellectual property. Also the Chinese government has made positive efforts in IPR protection and the judicial environment has been further improved since China entered the WTO.
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