What are the legal responsibilities for trademark infringement
1. Administrative liability for trademark infringement
"Trademark Law of the People's Republic of China"
Article 60 of this Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 52 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 with the People's Court or request the industrial and commercial administration to Handled by management. 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. 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. 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 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. Civil liability for trademark infringement
"People's Republic of China Trademark Law of the Republic of China
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits gained by the infringer due to the infringement during the infringement period, or the infringed party The losses suffered due to infringement during the period of infringement include reasonable expenses paid by the infringed party to stop the infringement.
Compensation of less than 500,000 yuan shall be granted.
Selling goods that are not known to infringe the exclusive rights of registered trademarks, and if you can prove that you have obtained the goods legally and explain the supplier, you will not be held responsible.Liability.
3. Criminal liability for trademark infringement
"People's Republic of China Trademark Law of the Republic of China
Article 67: Using a trademark identical to the registered trademark on the same kind of goods without the permission of the trademark registrant constitutes a crime, except In addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.
Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks, which constitutes a crime, shall be investigated in accordance with the law in addition to compensating the losses of the infringed party. criminal responsibility.
"Criminal Law of the People's Republic of China"
Article 213 Unregistered trademarks Anyone who uses the same trademark as his or her registered trademark on the same kind of goods without the permission of the other party shall, if the circumstances are serious, 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 fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine.
Article 214 Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to Or a fine alone; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
Article 215: Whoever forges or manufactures other people’s registered trademarks without authorization or sells forged or unauthorized registered trademarks shall, if the circumstances are serious, be punished by a prison sentence of not more than three years Fixed-term imprisonment, criminal detention or public surveillance, and concurrently or solely a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined.
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