The boss infringes on the trademark and sells products, are the employees guilty?

However, if employees knowingly commit crimes, actively participate in them and are directly responsible for them, especially those in management and other key positions, then they will be deemed to have violated the law and should accept criminal liability in accordance with relevant regulations and procedures. pursue. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. The boss sells products with trademark infringement, are the employees guilty?

When an employer infringes a trademark and sells suspected infringing goods, whether the employee should be held liable The key to legal liability is whether the employee clearly understood and fully participated in the illegal activity.

Next, we will elaborate on this issue: If employees have negative feelings about their company If the employee has no knowledge of the infringement or has never participated in it, then these employees are generally not guilty of any crime; however, if the employee knowingly commits the infringement or even has important responsibilities in such infringement, especially as the main responsible person or If there are other persons directly responsible, there is no doubt that they will face criminal charges, and the regulatory authorities will pursue their criminal responsibility in accordance with the provisions of the law.

Article 118 of the Civil Code

If a trademark right is infringed, the party has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer 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. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement.

In addition to administrative and civil liabilities, infringement of trademark rights may also constitute the crime of counterfeiting registered trademarks, selling goods with counterfeit registered trademarks, illegal Crime of manufacturing registered trademark signs and selling illegally manufactured registered trademark signs.

2. Can others still use this name after registering a trademark?

After the successful completion of trademark registration, other companies can no longer use the trademark under the same name, because trademark registration specifically refers to the trademark owner's intention to obtain exclusive use of the trademark. For the purpose of using the right, a registration application is submitted to the Trademark Office in accordance with the registration regulations, principles and strict procedures stipulated by the state, and the Trademark Office will approve the registration application in accordance with the strict review system and finally approve the registration.

Trademarks that have been strictly reviewed by the Trademark Office and officially registered are called "registered trademarks" , this trademark has exclusive trademark rights