1. How to define and punish domestic plagiarism of foreign brands
(1) How to identify trademark infringement
Any of the following acts in accordance with Article 57 of the Trademark Law shall constitute an infringement of the exclusive right to use a registered trademark:
1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
3) Selling goods that infringe the exclusive rights of registered trademarks;
4) Counterfeiting or manufacturing without authorization Registered trademarks by others or sell counterfeit or unauthorized registered trademarks;
5) Change the registered trademark without the consent of the trademark registrant and replace the trademark Products bearing the trademark have been put into the market;
6) Deliberately providing facilities for infringement of other people’s trademark rights and helping others to infringe trademark rights;
7) Causing other damage to the exclusive right to use registered trademarks of others.
(2) Penalty standards for trademark infringement
According to Article 1 of the Trademark Law of the People's Republic of China Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be based on the actual amount suffered by the right holder due to the infringement.The actual loss is determined; if the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee.
For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation can be determined between one time and five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the People's Court shall decide based on Depending on the circumstances of the infringement, a compensation of less than five million yuan may be awarded.
2. Is counterfeiting brand clothes illegal?
[Legal Analysis]
It is illegal to counterfeit branded clothes. If the brand of clothing is not registered, or the appearance has not been patented, you can imitate it, but according to the law, you cannot make the brand the same or similar to the one being imitated, otherwise it is illegal. Generally, brand clothes have their own patents. You can Imitation of branded clothes is equivalent to infringement of the company's patent rights, and the company can sue. The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law. The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions. The so-called inventions and creations refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
3. How to deal with being sued for brand infringement
1 , negotiate by yourself. If the two parties can reconcile after the infringement occurs, it will not only enable the trademark owner to quickly and effectively realize and safeguard their rights and interests, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court;
2. Mediation. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court;
3. Request the industrial and commercial administration department to handle the case. After receiving the gift trademark infringement case, the industrial and commercial administrative department at or above the county level will stop the infringement through investigation and evidence collection and on the premise of determining the facts, and based on The infringer shall determine the facts of the violation of law and the seriousness of the circumstances, and shall be subject to administrative penalties.
The above knowledge is based on the editor of the Legal Savior Network on how to define and punish domestic plagiarism by foreign brands. Answer, if you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation. The professional legal team at the Legal Savior Network will answer your questions in a timely manner and provide solutions, so that you can protect your legal rights in a timely manner and to the maximum extent. Legitimate rights and interests.
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