How to judge if trademark and copyright are infringed at the same time

We all know that there are many personal invention patents in our country, or products are protected by law, and it is legal for parties to use their own inventions or writings to make profits, but it is illegal infringement for others to do so, so trademark rights and How to judge if copyrights are infringed at the same time? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

How to judge if trademark and copyright are infringed at the same time

1. Trademark infringement If the right is violated, the court will judge the infringer to stop the infringement, compensate for losses, etc. based on the specific infringement circumstances. If the infringement is serious, the court will sentence the infringer to fixed-term imprisonment, fines, confiscation of property, etc.

2. If a copyright is infringed, the court will judge the infringer to stop the infringement, apologize, compensate for losses, etc. based on the specific infringement situation. If the infringement is serious, the court will sentence the infringer to fixed-term imprisonment, fines, confiscation of property, etc.

3. Cessation of infringement and compensation for losses are the core and key of infringement disputes and the fundamental interests of rights disputes, and cessation of infringement should be the prerequisite for compensation of losses. . In litigation, rights holders often make physical claims, determination of ownership of rights, cessation of infringement, etc. together with claims for damages - claims for damages. Litigation for infringement of the exclusive right to register a trademark and infringement of copyright is no exception. However, since the premise is that the same act of the infringer also infringes the trademark rights and copyrights owned by the same Right holder at the same time, it is enough to bear the legal responsibility to stop the infringement. Satisfy rights holders’ requirements to protect their rights from continued infringement.

From the perspective of punishing infringement and preventing infringement, rights holders should Even if a person has the right to obtain full compensation for damages by exercising one right of claim, he still has the right to file a lawsuit for another right of claim and thereby obtain statutory compensation. Or when only statutory compensation is applicable, the infringer may be required to bear compensation of less than two statutory amounts.

In the conflict of liability for infringement of exclusive rights to trademark registration and copyright, under the current legislative model and judicial practice, it should be to compensate for the actual rights of the right holder. Damage shall be the principle and statutory compensation shall be the supplement. It is just that the nature of statutory damages should be punitive rather than compensatory. As far as the infringer is concerned, what kind of legal liability he should bear depends entirely on the choice of the right holder. The right holder has the right to choose the infringer.Under which law shall civil liability be borne?

In fact, from the above analysis, we can see that in our country, when the trademark rights and copyrights of the parties are infringed at the same time, the specific judgments are often dealt with separately. It will not be merged, but the identification of infringements will often only be identified as one infringement and not separately. If the situation is complicated, you can contact a lawyer. The Legal Savior Network also provides online lawyer consultation services. You are welcome to conduct legal consultations. consult.