How to deal with infringing goods

Infringing goods refer to the unauthorized use of other people’s intellectual property rights for profit. How to deal with infringing goods? The editor of Legal Savior Network will answer your questions below. I hope it will be helpful to you.

According to the provisions of Article 53 of the "Trademark Law", any act that infringes on the exclusive right to use a registered trademark as listed in Article 52 of the "Trademark Law" shall be ordered to stop immediately In case of infringement, infringing goods and tools specially used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed, and fines may be imposed. As a result, some investigators believe that infringing goods must be destroyed after being confiscated.

However, the State Administration for Industry and Commerce clearly stated in the "Reply to Questions on How to Understand the Relevant Provisions of Article 53 of the Trademark Law": "Article 53 of the Trademark Law 'Destruction' in Article 53 should be one way to deal with confiscated trademark-infringing goods, but it is not the only way. For trademark-infringing goods confiscated in accordance with the law, if they have use value and the infringing trademark and the goods can be separated, Other methods of disposal other than 'destruction' can be adopted."

Generally, the following four methods can be used to deal with confiscated trademark infringing goods:

1. Acquisition by the infringed party

According to the "Regulations on the Customs Protection of Intellectual Property Rights" Paragraph 3 of Article 27 stipulates that if the intellectual property right holder is willing to purchase confiscated goods that infringe intellectual property rights, the customs may transfer them to the intellectual property right holder for a fee. After confiscating the infringing goods, the case-handling agency will first seek the opinions of the infringed party. If it is willing to acquire the goods, it can notify it to submit a written application report. After approval by the person in charge of the case-handling agency, it can be transferred to the infringed party for a fee. Before the transfer, the case-handling agency shall entrust a price appraisal agency with legal qualifications to conduct a price assessment. The transfer price shall not be lower than the reserve price (base price) of the appraisal. The specific transfer price shall be determined through negotiation between the case-handling agency and the infringed party.

2. Auction (change) sale

The infringed party has no If you are willing to purchase infringing goods, you can entrust an auction agency to conduct a public auction (except for fresh and perishable goods that have no use value and are not allowed to be put on the market). Those belonging to the state's exclusive sales shall be handed over to the specialized department for acquisition. If the auction cannot be carried out or the auction fails, the infringing goods can be handed over to a qualified unit for purchase or sale. It should be noted that before infringing goods are auctioned (changed) for sale, the case handling agency should remove the trademark marks on the infringing goods and strictly review them.Check the qualifications of the bidder.

3. For social welfare undertakings

For those who have uses Infringing goods that are valuable but have no intention of being purchased by the infringed party and cannot be auctioned (changed) can be used for social welfare undertakings and relief for needy groups, such as donations to civil affairs departments, the Red Cross, welfare homes, impoverished mountainous areas, disaster-stricken areas, etc.

4. Destruction

There are two main ways to destroy trademark infringing goods: Situations:

1. Infringing goods that cannot be dealt with through the above methods should be destroyed. This will not only prevent the entire case from being closed and filed in time due to incomplete processing of the infringing goods, but also prevent the infringing goods from occupying the property warehouse involved in the case for a long time.

2. Infringing goods that have been inspected by statutory inspection agencies or are clearly harmful to human health, have major safety hazards, threaten public safety, or damage environmental resources should be resolutely and thoroughly inspected. Destroy to prevent harmful consequences. When destroying infringing goods, the infringed party shall provide necessary assistance.

In short, no matter what method is used to dispose of infringing goods, the case handling agency must prepare an item disposal record uniformly formulated by the State Administration for Industry and Commerce, together with relevant item disposal documents and photos. Wait and put it into the original case file for future reference. At the same time, attention should also be paid to grasping the timing of disposal of items. In principle, they should be disposed of after the expiration of the statutory administrative review (administrative litigation) period. According to the provisions of the "Administrative Review Law" and the "Trademark Law", the review period for trademark infringement cases is 60 days and the litigation period is 15 days. Therefore, it is advisable to choose to file a lawsuit 60 days after the date the party receives the "Administrative Penalty Decision". Confiscated infringing goods will be disposed of.

The above is the legal knowledge on how to deal with infringing goods. I hope it will be helpful to you. If you unfortunately encounter some difficult legal problems and you have the idea of ​​entrusting a lawyer, our Legal Savior Network has many lawyers who can provide you with services, and our Hualu also supports online selection of lawyers in designated areas, and all Details of the solicitors involved.