【Comments: Although equivalent infringement is not reflected in Chinese Patent Law, it has been widely adopted in judicial practices. However, courts of various regions have difference in understanding and applying equivalent infringement, thereby affecting the stability of patents. This opinion aims at reminding lower courts to be circumspect of applying equivalent infringement.】

　　5. To prudently interpret judicial identification and protection of well-known trademarks on individual case basis and properly determine the cross-category protection of well-known trademarks, enhance supervision over relevant cases, properly concentrate the jurisdiction of cases concerning well-known trademark identification, and will promulgate judicial interpretation regarding the protection of well-known trademarks.

　　【Comments: Since well-known trademarks enjoy the advantage of cross-category protection and some local governments provide incentives to the enterprises who have been identified as well-known trademarks, some regions have seen misuses of judicial approaches to identify well-known trademarks. This opinion has clarified that it will further toughen supervision of well-known trademarks identification by lower courts.】

　　6. For a competition activity that is not specifically regulated by Anti-Unfair Competition Law （“AUCL”）, it can only be identified as unfair competition if such activity is not accordance with publicly recognized business standards and common understanding.　In the area where there is no business standards and statutory or agreed non-competition, unfair competition shall not be made simply on the ground that such activity utilizes or damages specific competition advantage.

　　【Comments: This opinion provides certain guidance to correctly understand and apply the principle rule of the AUCL—“Market competitors shall not violate the principle of faithfulness and honesty”.】