Does the industrial and commercial administration authorities need to obtain the consent of the parties when investigating and handling trademark infringements
The industrial and commercial administrative authorities investigate and deal with trademark infringements The consent of the parties is not required. According to the provisions of the Trademark Law, the industrial and commercial administrative departments have the right to investigate and deal with any infringement of the exclusive rights of registered trademarks in accordance with the law; if a crime is suspected, they should be promptly transferred to the judicial authorities for handling in accordance with the law.
When the industrial and commercial administrative department at or above the county level investigates and punishes suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence of suspected violations or reports, they may exercise the following Powers:
(1) Question relevant parties and investigate situations related to 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 the infringing activities;
(3) The parties are suspected of engaging in infringement of others Conduct on-site inspections at places where registered trademark exclusive rights activities are held;
(4) Inspect items related to infringement activities; and conduct on-site inspections of items that have evidence proving infringement of others' registered trademark exclusive rights Items may be seized or seized.
When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.
In the process of investigating a trademark infringement case, if there is a dispute over the ownership of the trademark or the right holder files a trademark infringement lawsuit in the People's Court at the same time, the industrial and commercial administrative department may suspend the case. investigation. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and those mainly used to manufacture infringing goods, and forge registration Trademark identification tools, and fines may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you are selling goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, you will be ordered to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law.
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