Which department can investigate and deal with trademark infringement
The industrial and commercial administrative department can investigate and deal with trademark infringement
p>There are two main forms of investigation and punishment of trademark infringement by industrial and commercial administrative departments:
First, ex officio Actively investigate and punish;
The second is to investigate and punish based on complaints (reports). Article 60 of the Trademark Law stipulates: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive right to use a registered trademark in accordance with the law. It can be seen from the provisions of this article that as long as trademark infringement is discovered, the industrial and commercial administrative department can take the initiative to investigate and deal with it. This provision is made because trademark infringement not only damages the interests of trademark rights holders, but also damages the interests of consumers. Therefore, in order to protect the interests of trademark owners and consumers, the industrial and commercial administrative departments have the right to proactively investigate and handle trademark infringement cases and stop trademark infringement in a timely manner.
However, in practice, when the industrial and commercial administration departments actively investigate and deal with trademark infringements, it is difficult to obtain verification from trademark rights holders, which to a certain extent This has restricted the investigation and handling of such cases. Therefore, the cases investigated and handled by the industrial and commercial administration departments based on complaints from trademark owners account for the majority of trademark infringement cases investigated and handled. In other words, in terms of the protection of exclusive rights to trademarks, it is currently largely, or mainly, passive protection, that is, after the trademark owner or interested party discovers the infringement, they complain to the industrial and commercial administration department and request investigation.
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