What is the interpretation of Article 60 of the Trademark Law
Article 60 of the "Trademark Law" If any of the acts that infringe on the exclusive right to use a registered trademark listed in Article 57 of this Law cause a dispute, The matter shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to stop immediately, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If the illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan 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 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.
Dispute 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 requestFile a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. 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 of the People's Republic of China.
[Interpretation] This article is about the handling of acts that infringe the exclusive rights of registered trademarks.
Disputes arising from infringement of registered trademark rights The handling method is stipulated. According to the provisions of the first paragraph of this article, if any of the acts that infringe the exclusive right to use a registered trademark as listed in Article 57 of this Law 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 parties shall A person may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. Accordingly, the parties concerned may choose to handle disputes arising from trademark infringement in the following ways:
First, it must be resolved through negotiation between the parties. Resolving disputes arising from trademark infringement through negotiation between the parties can provide a way for parties who are willing to negotiate a solution on their own. The exclusive right to use a registered trademark belongs to the category of civil rights. The parties concerned have the right to dispose of their own rights. Allowing the parties to negotiate a settlement is also a respect for the civil disposition rights enjoyed by the parties in accordance with the law. It is convenient and simple for parties to resolve disputes through negotiation, which is conducive to quickly resolving problems, reducing social conflicts, and saving administrative and judicial resources.
Second, file a lawsuit with the People's Court. If a dispute arises between the parties due to infringement of the exclusive right to use a registered trademark and they are unwilling to resolve the dispute through negotiation, or if negotiation fails, that is, no agreement is reached after negotiation, they may file a lawsuit in the People's Court and resolve the dispute through litigation. According to the provisions of this article, in this case, the subject who has the right to file a lawsuit, that is, can file a lawsuit in the People's Court, is the "trademark registrant or interested party."In other words, in a trademark infringement dispute, the party filing the lawsuit, the plaintiff, should be the party whose rights have been harmed, such as the trademark registrant, the licensee in the trademark use contract, etc. The party who committed the infringement cannot file a lawsuit in the People's Court.
Third, request the industrial and commercial administration department to handle it. After a dispute arises due to trademark infringement, if the parties are unwilling to negotiate or cannot reach an agreement, in addition to filing a lawsuit in the People's Court, they can also request the industrial and commercial administrative department to handle it. Requesting the industrial and commercial administrative department to handle it means requesting the industrial and commercial administrative department to perform supervision and management duties in accordance with the law, investigate and deal with trademark infringements through administrative law enforcement, crack down on trademark infringements, and safeguard one's own legitimate rights and interests. Like the entities that can file a lawsuit in the People's Court, according to the provisions of this article, in this case, the entity that has the right to request the industrial and commercial administrative department to handle the matter is the "trademark registrant or interested party".
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