From: Ten Enforcement Cases for Recognition and Enforcement of Extraterritorial Arbitral Awards and Court Judgments

[Information of the parties involved]

Applicant: AAA Engineering Co., Ltd., South Korea.

Respondant: BBB Trading Co., Ltd., South Korea.

Basic Information of the Case

Regarding the case of applying for recognition and enforcement of the civil judgment of the Korean court between AAA engineering company and BBB trading company, after the Fourth Intermediate people's court of Beijing put the case on file for review, the applicant AAA Gongxue Co., Ltd. applied to the court for property preservation. After review, the court ruled that a trade company was prohibited from transferring, canceling Change registration items and handle trademark pledge registration.

After examination, the Fourth Intermediate people's court of Beijing Municipality held that the application of AAA Engineering Co., Ltd. to recognize the civil judgment of the Supreme Court of Korea and to enforce part of the judgment content was in line with the law, and ruled to recognize the judgment of the Supreme Court of Korea, BBB Trading Co., Ltd., which is confirmed and maintained in the judgment of XX cancellation of trademark right registration and XX compensation for damages made and effective by the Supreme Court of Korea, must perform the registration procedures for the transfer of trademark rights recorded in the China National Intellectual Property Administration Trademark Office of the China with AAA Gongxue Co., Ltd.

In the process of execution, the Fourth Intermediate people's court of Beijing issued an execution order, ordering the execution of the judgment of the Supreme Court of Korea, and requested the Trademark Office of the China National Intellectual Property Administration to assist in changing the trademark owner of the "XX" trademark to AAA Gongxue Co., Ltd. The Trademark Office of the China National Intellectual Property Administration finally changed the trademark owner of the "XX" trademark to AAA Gongxue Co., Ltd. according to the assistance of the court.

Enforcement Results

Sent by the Fourth Intermediate people's court of Beijing to the Trademark Office of the China National Intellectual Property Administration

The notice of assistance in execution has been issued, changing the trademark owner of the "XX" trademark to AAA Engineering Co., Ltd., and the execution of this case has been completed.

Typical significance

This case is the first within Beijing to apply for recognition and enforcement of civil and commercial judgments of South Korean courts, and the content of the application for enforcement in this case is action enforcement. There is also no precedent in the country for international judicial assistance to apply for recognition and enforcement of foreign judgments with intellectual property changes as the object of enforcement.

China and South Korea have not concluded a Bilateral treaty on mutual recognition and enforcement of the court's effective judgments, nor have they jointly participated in the international conventions on mutual recognition and enforcement of court judgments. The Fourth Intermediate people's court of Beijing reviewed the application based on the principle of reciprocity. The court shall conduct foreign law investigation on its own authority, and refer to the precedent provided by the applicant for the recognition and enforcement of Chinese court judgments by Korean courts, in fact, to determine that there is a mutually beneficial relationship between China and South Korea in recognizing and enforcing civil and commercial judgments. According to the provisions of the Civil Procedure Law, the court considered that the judgment made by the Supreme Court of Korea did not violate the basic principles of China's law, national sovereignty, security and social and public interests, and finally ruled to recognize and implement the effective judgment made by the Supreme Court of Korea.

The application for recognition and enforcement of foreign court judgments in this case involves changes in the registered trademarks of Korean enterprises. The timely conclusion and enforcement of the case have ensured the effective realization of foreign enterprises' trademark rights and interests in China, promoted the improvement and development of the same protection mechanism for intellectual property rights of Chinese and foreign enterprises in the judicial field, and is conducive to the improvement and enhancement of the international investment and business environment, Relevant foreign enterprises have fully recognized and highly praised the standardization and efficiency of the recognition and execution procedures of the Beijing Fourth Intermediate People's Court. In the context of the construction of the "the Belt and Road", the Fourth Intermediate People's Court of Beijing, based on the principle of reciprocity, actively recognized and implemented foreign civil and commercial judgments, made positive efforts in equal protection of the legitimate rights and interests of foreign parties, consolidated and developed international judicial exchanges and cooperation, improved the international credibility of China's judicial services and guarantees, and demonstrated to the international community the image of a fair, efficient, authoritative, open and inclusive international justice.

Expert comments

This case has very important typical significance in three aspects: firstly, recognizing and enforcing foreign court judgments based on the principle of reciprocity; secondly, it is the first case within Beijing to recognize and enforce Korean court civil and commercial judgments; and thirdly, it is the first foreign court judgment judicial assistance case in China with intellectual property as the subject of enforcement.

Under the circumstance that China and South Korea have not concluded a Bilateral treaty on mutual recognition and enforcement of the effective judgment of the court, nor have they jointly participated in the international convention on mutual recognition and enforcement of the judgment of the court, the Fourth Intermediate People's Court of Beijing has been brave and innovative, and has applied the principle of reciprocity to recognize and implement the effective judgment of the Korean court in this case according to law; At the same time, the trademark involved was preserved during the filing and review stage, and then the trademark transfer was completed after the ruling was filed and executed, fully ensuring the efficiency and effectiveness of the execution. This case reflects China's open and inclusive judicial stance as a major country, consolidating and developing international judicial exchanges and cooperation, and providing reliable legal protection for China's higher level and deeper openness, as well as wider international economic cooperation.