1. What are the penalties for trademark infringement in supermarkets
For infringement of the exclusive rights of registered trademarks, Legal basis: Article 53 of the Trademark Law and Article 43 of the Implementation Regulations of the Trademark Law stipulate that the industrial and commercial administrative authorities may take the following measures to impose penalties.
(1) Order to stop infringement
The specific measures are as follows:
①Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscate and destroy goods exclusively used for manufacturing Tools for infringing goods and counterfeiting registered trademarks.
(2) Imposition of a fine
For those who infringe the exclusive right to use registered trademarks but have not yet constituted a crime, the industrial and commercial administration authorities may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined according to the circumstances. A fine of less than 10,000 yuan is imposed.
If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit with the people in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receipt of the notice. Prosecution in court. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.
(3) Mediate on the amount of compensation for infringement of trademark exclusive rights
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 law.
2. The latest basis for fines for trademark infringement
According to the latest "Shanghai Administration for Industry and Commerce Administrative Punishment Standards for Infringement of the Exclusive Rights of Registered Trademarks", the Industry and Commerce Administration When the administrative department handles the case, if it is determined that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, the illegal business may be punished. A fine of less than 5 times the 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 less than 250,000 yuan may be imposed.
Search more than 500 infringing goods; cause direct economic losses to others of more than 50,000 yuan; the infringed trademark is Famous trademarks, geographical indications, and foreign-related trademarks; infringement of the exclusive rights of more than three registered trademarks; infringing products are counterfeit, shoddy, and do not meet national standards or industry standards; and those who have been subject to administrative penalties for trademark infringement for less than 5 years. Whoever commits trademark infringement; refuses to cooperate with the industrial and commercial administrative department in investigating and handling infringement, conceals, transfers, or destroys relevant infringement evidence without permission, will be fined not less than 3 times but not more than 5 times of the illegal business volume.
And infringement of China's well-known trademarks, or trademark infringement products have quality defects or safety hazards, causing major personal and property damage, major environmentalThose who cause environmental pollution or major safety accidents will be fined five times the illegal business volume. If the illegal business volume is less than 50,000 yuan, a fine of 250,000 yuan will 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.
my country's laws have clear provisions on the penalties for trademark infringement. The criminal facts of trademark infringement must be determined by the industrial and commercial administrative department when determining the facts of trademark infringement. Generally, it can be dealt with according to the administrative treatment conditions, but if it causes serious economic and property losses or adverse social impact, relevant criminal liability needs to be investigated. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
