Administrative penalties for trademark infringement
(1) Order to stop infringement
The specific measures are as follows:
①Order to stop sales immediately;
② Confiscate and destroy infringing goods;
③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.
(2) Impose a fine
For those who infringe the exclusive rights of registered trademarks but do not constitute a crime, the industrial and commercial The administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible personnel of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.
If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receipt of the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.
(3) Mediation on the amount of compensation for infringement of trademark exclusive rights
Industrial and commercial administration At the request of the parties, the administrative department may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.
The above content is the relevant answers. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
No comments yet. Say something...