What is the scope of trademark administrative litigation cases
The administrative litigation of trademark cases in our country is based on the "Administrative Law of the People's Republic of China" Administrative Litigation Law (hereinafter referred to as the Administrative Litigation Law).
(1) Jurisdiction over trademark administrative litigation cases.
Article 18 of the Administrative Procedure Law stipulates: span>
Administrative cases shall be decided by the people of the place where the administrative agency that originally made the administrative act is located Court jurisdiction. Cases that have been reviewed may also be under the jurisdiction of the people's court where the review authority is located.
With the approval of the Supreme People's Court, the Higher People's Court may Based on the actual situation of trial work, a number of people's courts have jurisdiction over administrative cases across administrative regions.
(2) Scope of trademark administrative litigation cases.
According to Article 11, Item 8 of the Administrative Litigation Law, citizens, legal persons or other organizations that “believe that administrative agencies have violated their personal rights and property rights” may file administrative lawsuits. The parties shall file an administrative lawsuit against all matters involving property rights. If you are dissatisfied with the punishment, you can file a lawsuit. As for trademark administrative litigation cases, according to the Trademark Law and its detailed rules, if the party is dissatisfied with the punishment of the industrial and commercial administration for the following seven acts, you can file an administrative lawsuit.
a. Products using trademarks are crudely manufactured, passed off as inferior, and deceive consumers.
b. Products that are required to use registered trademarks by the state are sold in the market without registered trademarks;
c. Unregistered trademarks are used in passing as registered trademarks;
d. The trademark used falls under the provisions of the Trademark Law, and words and graphics that cannot be used as trademarks;
e. Infringement of the exclusive right to register a trademark, the industrial and commercial administration authority shall order the infringement to cease and impose a fine;f. Destroy goods that are toxic, harmful and have no use value;
g, sealing or confiscating the trademark logo.
(3) Defendant in trademark administrative litigation.
In administrative litigation, the defendant refers to the administrative agency that the plaintiff believes has infringed upon its legitimate rights and interests, and the people's court notifies the responding bank. The defendant in trademark administrative litigation is the person who violates the trademark law. The Industry and Commerce Administration that imposes administrative penalties for such behavior. The status of the defendant is determined because the People's Court notifies the defendant to respond to the lawsuit, rather than from the plaintiff's filing of the lawsuit. Only after being notified by the People's Court to respond to the lawsuit, the defendant can enjoy the rights and bear the liabilities in the lawsuit. Obligations. The scope of defendants in trademark administrative litigation is specific and is limited to the industrial and commercial administration authorities.
(4) The Implementing Rules of the Trademark Law stipulate the precondition for reconsideration, that is, if the party concerned is dissatisfied with the administrative penalty, it must first undergo reconsideration.
In a reconsidered case, when the reconsideration agency decides to maintain the original specific administrative action, the administrative agency that made the original specific administrative action is Defendant. If the superior industrial and commercial administrative agency upholds the original penalty decision after reconsideration, then it is the original penalty decision that is binding on the rights and obligations of the parties. According to the law, the industrial and commercial administrative agency that made the original penalty decision is the defendant; if To change the original penalty decision, it is the reconsideration decision that is binding on the rights and obligations of the parties. At this time, the superior industrial and commercial administrative agency that makes the reconsideration should be the defendant. When two or more administrative agencies use the same specific administrative act, they must jointly make a specific administrative act. The administrative agency responsible for the act is a co-defendant. Under normal circumstances, a specific administrative act is made by a single administrative agency, but this does not exclude the possibility that two or more administrative agencies will jointly commit the act.possibility. For specific administrative actions performed by an organization entrusted by an administrative agency, the entrusting administrative agency is the defendant. The Industrial and Commercial Office is an agency of the county-level industrial and commercial administration. According to the provisions of the Trademark Law, the industrial and commercial office should not handle trademark violation cases in its own name, but it can investigate commercial cases and implement the handling of the county-level industrial and commercial administrative organs. It was decided that if a punished person refuses to accept the decision and files an administrative lawsuit, the county-level industrial and commercial administration agency that dispatched the industrial and commercial office shall be the defendant.
(5) Trademark review cases are not administrative litigation Scope of the case.
Parties to cases involving determination of trademark rights are not allowed to file administrative lawsuits , but you can apply to the Trademark Review and Adjudication Board for review. According to the provisions of the Trademark Law, whether to grant the exclusive right to a trademark and whether to revoke the exclusive right to a registered trademark are matters within the scope of administrative responsibilities and fall within the scope of administrative processing. For example, if a party is dissatisfied with the rejection of a trademark registration application, he or she may apply for review, and the Trademark Review and Adjudication Board will make the final decision. If there is a dispute over a registered trademark, the Trademark Review and Adjudication Board will also make a final ruling. The so-called final decision can be adjudicated, which means that the parties cannot sue in the People's Court, and the People's Court cannot rule or judge it. As for the civil compensation part, the Industrial and Commercial Administration The agency is essentially engaged in mediation work. If the parties are dissatisfied, they can file a civil lawsuit with the people's court, and the court will make a judgment on the amount of compensation and method of payment.
(6) Certain laws apply to trademark administrative litigation cases To be accurate, cases that are characterized as trademark infringement should be handled based on the Trademark Law and its implementation rules. Do not apply other administrative regulations and local regulations
(7) Prevent trademark cases from being handled beyond rights.
Trademark violation caseCases are often linked to other illegal cases, in which the parties violated trademark laws and regulations and also violated other industrial and commercial administration regulations, or cases in which the parties violated trademark laws and regulations and also violated other illegal industrial and commercial administration regulations. To prevent handling cases beyond the scope of authority, two main aspects should be paid attention to: first, not handling cases that are clearly stipulated by regulations to be handled by other agencies; second, not applying laws and regulations that should be applied by other agencies.
(8) Compensation cases regarding trademark infringement.
The party concerned is dissatisfied with the Industrial and Commercial Bureau’s order to compensate for economic losses. It should not be treated as an administrative proceeding. Orders for compensation in trademark infringement cases have an obvious civil nature. Whether to compensate or not to compensate, or whether to compensate more or less are all issues between the infringers. The industrial and commercial administrative agencies are in the position of a middleman. The parties concerned should be told that the industrial and commercial administrative organs only mediate compensation issues. If they are not satisfied with the mediation, they can file a civil lawsuit in the People's Court.
(9) In investigating and handling trademark infringement cases, The determination of the nature of the infringement is generally carried out by the industrial and commercial bureau handling the case. If the determination cannot be made, the industrial and commercial bureau at the next higher level can be asked to determine the nature of the infringement.
But some counterfeit trademarks, from the trademark logo It is impossible to distinguish between true and false. Sometimes quality issues can be used as circumstantial evidence to draw our attention to possible counterfeit trademark issues. Generally speaking, if there is no evidence that a product is counterfeit, it cannot be considered a counterfeit trademark. When determining the nature, in addition to obtaining direct evidence from the registrant, sometimes if the perpetrator of counterfeit goods is found, it can also be directly identified.
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