Can the industrial and commercial administration authorities investigate and punish trademark infringements at will
No, only if there is trademark infringement. Conduct investigation.
The industrial and commercial administration authorities are responsible for the registration of suspected infringements of others. When investigating and punishing trademark exclusive rights, the following powers can be exercised:
(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;
(2) Check and copy the parties’ contracts, invoices, account books and other relevant materials related to infringement activities;
(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;
(4) Inspect items related to infringement activities; items that are evidenced to infringe the exclusive rights of others’ registered trademarks can be sealed or seized.
Trademark infringement:
1. Trademark infringement refers to violation of the provisions of trademark law, counterfeiting or Counterfeit other people's registered trademarks, or engage in other activities that damage the legitimate rights and interests of the trademark owner. The infringer is usually responsible for stopping the infringement, and the perpetrator who knows or should have known that the infringement is infringement is also responsible for compensation. In serious cases, he will also be responsible for the infringement. Criminal liability.
Trademark infringement refers to: the perpetrator Without the permission of the trademark owner, use a trademark that is identical or similar to its registered trademark on the same or similar goods, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The perpetrator knowingly sells Or it should be known that the goods are counterfeit registered trademarks. The natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.
2. Four elements:
If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:
(1) There must be illegal behavior, that is, the perpetrator has sold counterfeit registered trademarks Product behavior;(2) There must be a fact of damage, that is, the perpetrator The act of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
(3) The illegal perpetrator is subjectively at fault , which means that the perpetrator already knows or should know that the goods sold are goods with counterfeit registered trademarks.
(4) There must be a causal relationship between the illegal act and the damage, that is, there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner. .
3. Take responsibility:
The act of bearing the responsibility for compensation is to bear the responsibility for compensation. Infringement People usually have to bear the responsibility to stop infringement, and those who know or should have known that the infringement is infringement are also responsible for compensation. In serious cases, they also need to bear criminal liability. China's "Criminal Law" has provisions specifically for intellectual property crimes.
In summary, the Work Injury Administration Bureau cannot If you deal with trademark infringement casually, you must follow the law. When the Industry and Commerce Bureau handles trademark infringement, it must have evidence and act in accordance with the law. It cannot abuse its power and deal with it casually. I hope my answer can solve your problem, such as If you have any questions, please go to the Legal Savior website for lawyer consultation.Inquire.
