A Trademark Owner Can Be Sued for Product Liability

According to the judicial interpretation of the Supreme People's Court dated 11th July 2002, a trademark owner now can be the respondent of a product liability lawsuit. In the opinion given to Beijing Higher People's Court regarding a product liability lawsuit (Jing Qilian et al v. General Motors et al), the Supreme People's Court confirms that any enterprise or individual who identifies itself/himself as the manufacturer of a product by indicating its/his name, trademark or other identifiable signs on the product is the "product manufacturer" for the purpose of Article 121 of the General Principles of the Civil Law of the People's Republic of China, and the "manufacturer" for the purpose of the Product Liability Law of the People's Republic of China. This means a trademark owner can be sued for product liability. In this particular case, the Supreme People's Court reaffirms that since General Motors is the owner of the trademark indicated on an accident car, it is appropriate for the injured parties to list General Motors, General Motors (Overseas) and General Motors (Brazil) as the respondents in the product liability lawsuit.

This interpretation has already become effective as of 28th July 2002 and shall be applicable to all future similar cases.