The Supreme Court publicly heard a Danish trademark dispute case. What is the legal liability for trademark infringement
Legal liability for trademark infringement includes the following:
1. Civil liability
Article 63 of the "Trademark Law" stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the infringed party during the infringement period. The losses suffered due to the infringement during the period of infringement include reasonable expenses paid by the infringer to stop the infringement.
Benefits derived from infringement by the infringer referred to in the preceding paragraph , or if the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
I don’t know that the sales infringe the exclusive rights of Registered trademarks If you can prove that you obtained the goods legally and identify the supplier, you will not be liable for compensation.
2. Administrative responsibilities
《Trademark Article 60 of the Law stipulates that if there is any infringement of the exclusive right to use a registered trademark as listed in Article 52 of this Law, and a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the person or interested party may file a dispute with the party concerned. If the People's Court files a lawsuit, it may also request the industrial and commercial administrative department to handle the matter. When the industrial and commercial administration department determines that the infringement is established, it shall order the infringement to cease immediately, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademarks, and may impose a fine.
According to the above provisions, administrative liability for infringement of trademark rights Mainly: ordering an immediate cessation of infringement, confiscating and destroying infringing goods and tools specifically used to manufacture infringing goods and counterfeiting registered trademarks, and may impose fines.
3. Criminal liability
"Criminal Law" Article 213 [Crime of Counterfeiting Registered Trademarks] Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than seven years and a fine.
Article 214 [Sales of counterfeit goods Crime of selling goods with registered trademarks] knowingly selling goods with counterfeit registered trademarks, sales feeIf the sales amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
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