1. How to govern trademark infringement cases?
Due to infringement Civil lawsuits filed for acts of exclusive use of registered trademarks and infringement of special protection rights for well-known trademarks shall be under the jurisdiction of the People's Court of the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.
The storage place of infringing goods refers to the place where infringing goods are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies have seized and seized them according to law. , the place where the infringing goods are seized, excluding the place where the court takes temporary measures to seize and seal the infringing goods. In the place where the infringing goods are stored or seized, the parties may sue the perpetrators who performed storage, custody, transportation, etc., or the dealers and manufacturers of the goods, or all the perpetrators at the same time.
For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the jurisdiction of the People's Court of the place where the infringement of one of the defendants was committed; only for If a lawsuit is filed by one of the defendants, the people's court in the place where the defendant's infringement was committed shall have jurisdiction. For example, for infringement activities such as A's manufacturing, B's transportation, C's storage, and D's sale of infringing goods, if the rights holder files a joint lawsuit against all infringers, the defendant can choose the place where the infringement was committed (but not the place of residence) of any defendant; however, If only one defendant (such as the manufacturer) is sued, the defendant can only be sued in the court where the defendant's behavior was committed or where the defendant is domiciled, but cannot be sued in the court where the defendant was sold or where other infringing acts were committed.
It should be noted that according to relevant judicial interpretations, civil dispute cases involving trademark infringement, if the above provisions are met, will no longer be based on the place where the infringement result occurred. Determination of jurisdiction; provisions in other judicial interpretations regarding determination of jurisdiction based on the place where the infringement results occur are no longer applicable to cases of trademark infringement disputes.
2. Contents of Trademark Litigation
Trademark litigation is a lawsuit caused by the infringement of the exclusive right of a registered trademark. According to the relevant provisions of my country’s Trademark Law, the nature of the case, and the purpose of the parties filing lawsuits in the People’s Court, broadly speaking, cases involved in trademark litigation can be divided into two major categories: one is civil litigation cases. Legal basis: The Trademark Law stipulates that if a registered trademark is infringed, you can request the industrial and commercial administration department to handle it through administrative procedures, or file a lawsuit with the People's Court.
Infringement of registered trademarks refers to:
1. Ownership of unregistered trademarks Use a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the other person
2. Manufacture or sell other people's registered trademarks without authorization
3. The party causing other damage to the exclusive right to use a registered trademark of others
The party concerned shall file a complaint with the people After prosecution in court, such cases are heard by the Economic Division of the People's Court.
The other type is cases involving criminal proceedings. Those who counterfeit other people's registered trademarks, including manufacturing or selling other people's registered trademarks without authorization, will not only compensate the infringed party for their losses, but may also be fined, and the directly responsible persons will be held criminally responsible by the judicial authorities in accordance with the law. Article 127 of my country's Criminal Law stipulates that if an industrial and commercial enterprise violates trademark management regulations by counterfeiting the registered trademark of another enterprise, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.
To sum up, trademark infringement refers to if the party uses the trademark of another product registrant. Similar or similar trademarks are used on similar goods. If it causes loss of profits to the original product registrant, it can be resolved through litigation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer!
