What are the procedures for industrial and commercial administration authorities to investigate and deal with trademark infringement
According to the provisions of the Trademark Law , the industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights of Registered trademarks in accordance with the law; if a crime is suspected, it shall be promptly transferred to the judicial authority for handling in accordance with the law.
The industrial and commercial administration departments at or above the county level have obtained When investigating and punishing suspected infringement of other people's registered trademark rights, you may exercise the following powers:
(1) Ask the relevant parties and investigate the situation related to infringement of the exclusive rights of others’ registered trademarks ;
(2) Access, copying parties and infringement Contracts, invoices, account books and other relevant information related to the activity;
(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks;
(4) Inspect items related to infringement activities; items that are evidenced to infringe the exclusive rights of others' registered trademarks may be sealed or detained.
The administrative department for industry and commerce shall exercise the provisions of the preceding paragraph in accordance with the law. When exercising their powers, the parties concerned shall assist and cooperate and shall not refuse or obstruct.
In the process of investigating trademark infringement cases, the trademark If there is a dispute over ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to cease immediately, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed, and a fine may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you are selling 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, you will be ordered to stop selling them. For disputes over the amount of compensation for infringement of trademark exclusive rights, the parties may request mediation from the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law.
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