How to bear legal liability for trademark infringement
If the infringement of the exclusive right to register a trademark has not constituted a crime, administrative liability shall be borne. Liability and civil liability
(1) Order to stop sales immediately;
(2) Collect and destroy Identification of infringing trademarks;
(3) Elimination of infringing trademarks on existing goods;
(4) Seize molds, printing plates or other tools that are directly used for trademark infringement;
(5) If the first four measures are not enough to stop the infringement, or the infringement If the trademark is difficult to separate from the goods, the infringing items shall be ordered and supervised to be destroyed.
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administration authorities may, depending on the circumstances, impose a fine of less than 50% of the illegal business revenue or less than five times the profit gained from the infringement. fine. The industrial and commercial administration authorities may impose a fine of not more than 10,000 yuan on the person directly responsible for infringing the exclusive rights of a registered trademark according to the circumstances.
The industrial and commercial administration may order the infringer to compensate for losses at the request of the infringed party. If the parties are dissatisfied, they may bring a lawsuit to the People's Court. ”
Article 118 of the "General Principles of the Civil Law" stipulates: Citizens or legal persons whose exclusive trademark rights are infringed have the right to demand that the infringement be stopped and the impact eliminated. ,compensation.
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