How to punish export product infringement

Punishment methods for export product infringement: Under normal circumstances, the patent management department orders the infringer to immediately stop the infringement and may impose corresponding fines based on the circumstances. Regarding the issue of how to punish export product infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. How to punish export product infringement

1. Export product infringement Punishment method: Under normal circumstances, the patent management department orders the infringer to immediately stop the infringement and may impose corresponding fines based on the circumstances. However, if the perpetrator's infringement may constitute a criminal offense, the People's Court shall impose corresponding criminal penalties.

2. Legal basis:

"Patent Law of the People's Republic of China" 65 Article

Using the patent without the permission of the patent owner will infringe the patent right and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails , the patentee or interested party may file a lawsuit in the People's Court, or request the patent administration department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

2. How to punish import and export trademark infringement

1. Order to stop infringement

The specific measures are as follows:

①Order to stop sales immediately;

②Confiscate and destroy infringing goods;

③Confiscate and destroy goods specifically used to manufacture infringing goods and forge registered trademarks Tool of.

2. Imposition of a fine

For those who infringe the exclusive rights of registered trademarks but do not constitute a crime, The industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the directly responsible personnel of the infringing unit may be fined not more than 10,000 yuan according to the circumstances.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

3. Mediation on the amount of compensation for infringement of trademark exclusive rights

The industrial and commercial affairs department handling the matter At the request of the parties, the administrative department may mediate the amount of compensation for infringement of the exclusive right to use a trademark. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.

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