Legal provisions for handling trademark infringements
Article 60 is listed in Article 57 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
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 For tools marked with trademarks, if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan 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 sell 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, the industrial and commercial administration department will order you 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 from the industrial and commercial administrative department handling the matter, or may file a dispute in accordance with the "Civil Procedure Law of the People's Republic of China" File a lawsuit with the People's Court. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, 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.
What are the administrative solutions to trademark infringement
(1) Administrative jurisdiction of trademark infringement cases, It can be either the industrial and commercial administrative department where the infringer is located, or the industrial and commercial administrative department where the infringement occurred.
(2) After receiving a trademark infringement case, the industrial and commercial administration department at or above the county level shall, through investigation and evidence collection, and on the premise of determining the facts, stop the infringement, and based on The infringer shall determine the facts of the violation and the seriousness of the circumstances, and impose administrative penalties. Specific punishment measures include: 1. Ordering to stop sales immediately; 2. Inviting and destroying infringing trademark signs; 3. Eliminating existingInfringing trademarks on trademarks; 4. Inviting molds, printing plates or other crime tools directly used for trademark infringement; 5. Ordering and supervising the destruction of items; 6. Penalty of less than 50% of illegal business revenue or proceeds from infringement according to the circumstances A fine may be issued up to five times the profit, and the infringer may be ordered to compensate the infringed party for its losses.
(3) If the commercial administrative agency believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following powers when investigating and collecting evidence: 1. Question the relevant parties; 2. Inspect and If necessary, items related to infringing activities may be ordered to be sealed; 3. Investigate behaviors related to infringing activities; 4. Review and copy contracts, account books and other business materials related to infringing activities.
Choosing the industrial and commercial administrative department to handle trademark infringement cases has its own unique advantages: the personnel handling the case are familiar with the business, the handling procedures are simple, and the case is concluded quickly, thus saving time Save effort. However, its obvious shortcoming is that the administrative decision has no final effect. If the parties are dissatisfied with the handling by the industrial and commercial administrative organs, they can still file a lawsuit in the People's Court.
Administrative penalties include: when the industrial and commercial administrative department determines that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and those specifically used to manufacture the infringement goods, tools for counterfeiting registered trademarks, and may be fined. If the party concerned is dissatisfied with the disposition decision, he or she may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the disposition notice; if the infringer neither files a lawsuit nor performs his duties upon expiration of the time limit, the industrial and commercial administrative department may apply for a People's Court Court enforced.
Civil liability: The industrial and commercial administrative department that handles the case may mediate the amount of compensation for infringement of trademark exclusive rights at the request of the parties; if the mediation fails, the parties may mediate according to the File a lawsuit in the People's Court under the Civil Procedure Law of the People's Republic of China. The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. It can be based on the benefits gained by the infringer or, if not, the losses suffered by the infringed party. The amount of compensation also includes some fair expenses or some reasonable attorney fees.
The editor of Legal Savior Network reminds you that trademark registrants enjoy exclusive rights to trademarks and are protected by law. If it is a well-known trademark, they will obtain exclusive rights to cross-category trademarks. Legal protection. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
