What are the solutions to trademark infringement
1. Administrative solution
In cases where trademark infringement is received as a gift, the industrial and commercial administration departments at or above the county level will stop the infringement through investigation and evidence collection and on the premise of determining the facts, and based on the infringer’s illegal facts and the severity of the circumstances , impose administrative penalties. Specific punishment measures include:
1. Order to stop sales immediately;
2. Accept invitations and destroy them Identification of infringing trademarks;
3. Eliminate infringing merchants on current trademarks;
4. Accept invitations Molds, printing plates or other tools used directly for trademark infringement;
5. Order and supervise the destruction of items;
6. Depending on the circumstances, a fine of not more than 50% of the illegal business volume or not more than five times of the profits obtained from the infringement shall be imposed, and the infringer may be ordered to compensate the infringed party for the losses.
If the commercial administrative agency believes that the exclusive right to use a registered trademark has been infringed, it may exercise the following powers when investigating and collecting evidence:
1. Question the relevant parties;
2. Inspect items related to infringement activities and, if necessary, order them to be sealed;
3. Investigate behaviors related to infringement activities;
4. Review and copy contracts, account books, etc. related to infringement activities Business information.
Choosing the industrial and commercial administration department to handle trademark infringement cases has its unique advantages: the personnel to handle the casesThe business is familiar, the processing procedures are simple, and the case is closed quickly, thus saving time and effort. However, its obvious shortcoming is that the administrative decision has no final effect. If the parties are dissatisfied with the handling by the industrial and commercial administrative organs, they can still file a lawsuit in the People's Court.
2. Litigation resolution methods
Jurisdiction. Trademark infringement cases may be under the jurisdiction of the People's Court of the place where the infringement occurred or where the infringer is located. In this regard, the infringed party can freely choose the place where the infringement occurred or the people's court where the infringer is located to file a lawsuit. At the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.
The People's Court generally handles trademark infringement cases in the form of civil sanctions. Based on the infringed party’s right to claim for prohibition, claim for loss compensation, claim for return of undue benefits, and claim for restoration of reputation, the People’s Court may adopt the following methods individually or in combination:
1. Order the infringer to immediately stop the infringement. You can destroy items that constitute infringement, dismantle equipment used in infringement, and invite tools, templates, etc. that are directly used for infringement;
2. Eliminate the impact, Restore the reputation of the infringed party, such as ordering the infringed party to publish an apology statement in newspapers and magazines to restore the business reputation of the infringed party;
3. Compensate the infringed party For the infringer's losses, the compensation amount is calculated based on the profits gained by the infringer due to the infringement during the infringement period or the losses suffered by the infringed party due to the infringement during the infringement period. In addition, the infringer should also compensate the infringer for the expenses incurred by the infringed party in investigating, collecting evidence, and hiring litigation or non-litigation agents;
4. Except In addition to the above main methods, the People's Court can also take measures such as admonishment, ordering repentance, confiscation of illegal income, fines or detention.
3. Civil litigation procedures are applicable to the litigation settlement of trademark infringement cases.
1. Prosecution
The person whose trademark has been infringed must file a lawsuit with the People's Court in accordance with the law. to initiate litigation. When a trademark infringer sues, you must pay attention to:
Submit a lawsuit to the People's Court, and submit copies according to the number of defendants; the lawsuit must have a clear defendant, that is, the trademark infringer, There is a specific request for prosecution, such as a request to makeStop the infringement and request a certain amount of compensation with facts and reasons. That is, when filing a lawsuit, you should attach relevant supporting documents of the registered trademark and evidence materials proving the infringement of the infringement;
The prosecution must be within the scope of the People's Court and the management of the People's Court subject to the lawsuit, and the court that is most beneficial to the party should be selected within the scope of the law; the prosecution must be filed within the statute of limitations stipulated in the law, that is, since the trademark owner The person knows or should know that the exclusive right to trademark has been infringed upon by another person to file a lawsuit within 2 years.
In addition, trademark infringement cases are relatively complex, and the parties can entrust 1 to 2 agents to participate in the litigation. Choosing someone from a trademark agency or a lawyer who is proficient in trademark law as your litigation agent is very important to effectively protect the legitimate rights and interests of the parties.
2. Hearing
The people's court shall file and accept a lawsuit that meets the legal requirements upon review. When hearing trademark infringement cases, legal procedures must be followed. Through the trial of trademark infringement cases, the People's Court ascertains the facts of the case, distinguishes right from wrong, and clarifies responsibilities. On this basis, it makes a judgment on the focus of the dispute between the two parties, namely whether it constitutes infringement, whether compensation should be paid, and the amount of compensation.
3. Property preservation
Property preservation is a very important issue in trademark infringement litigation. According to the law Correctly taking preservation measures is of great significance to safeguarding the legitimate rights and interests of the infringed party. Therefore, property preservation is often used in trademark infringement lawsuits.
Property preservation refers to the timely and effective protection of the legitimate rights and interests of closely related parties or parties. Compulsory measures to restrict the disposal or transfer of relevant property are taken at the request of the parties or on their own initiative and ex officio. Property preservation includes litigation property preservation and pre-litigation property preservation, which are applicable to different legal situations.
4. Execution
Execution is the final stage of the litigation process, and it is also the time when the rights and interests of the parties who win the lawsuit can be restored. important way to achieve this. According to the provisions of the Trademark Law, if the party concerned is dissatisfied with the decision of the industrial and commercial administration department to impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he deceives and fails to prosecute and perform, the relevant industrial and commercial administrative department shall apply to the People's Court for deception. Court enforced.
If the people's court finds that there is indeed an error in the decision, it will not be executed with the approval of the president and the administrative agency will be notified; if there is no error, the execution will be compulsory and the party concerned will pay the fine. If the party does not automatically pay the fine, the people's court will The court can issue a notice, forcibly transfer money from the bank, or take enforcement measures such as seizure and auction. Compensation fees for trademark infringement can also be enforced.
The above is The editor has compiled relevant content for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.
No comments yet. Say something...