How to determine the jurisdiction over trademark infringement
Due to infringement of the exclusive right to register a trademark Civil lawsuits filed for trademark infringement shall be under the jurisdiction of the People's Court of the place where the trademark infringement is committed, where the infringing goods are stored or seized, and where the defendant is domiciled. Among them, the storage place of infringing goods refers to the place where infringing goods are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industrial and commercial and other administrative agencies seal and detain infringing goods in accordance with the law.
For a joint lawsuit involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the jurisdiction of the People's Court of the place where one of the defendants' infringement was committed; only for If a lawsuit is filed by one of the defendants, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.
How to resolve trademark infringement disputes
There are three ways to resolve disputes arising from trademark infringement: the parties negotiate to resolve the dispute, the trademark registrant or interested party files a lawsuit in court, or requests the relevant administrative department to handle it.
In my country, the industrial and commercial administrative department has the right to identify infringements, take law enforcement measures to order the cessation of infringements, confiscate and destroy infringing goods and products specifically used to manufacture infringements goods, tools for counterfeiting registered trademarks, and may be fined. If the party concerned is dissatisfied with the administrative decision ordering it to stop infringement, it may file an administrative lawsuit in accordance with the law; if the infringer does not file a lawsuit or perform the infringement upon expiration of the time limit, the industrial and commercial administrative department may apply to the People's Court for compulsory enforcement.
Resolving trademark infringement disputes through administrative agencies is relatively simple in terms of procedures and effective in terms of stopping infringement. However, the infringed party cannot It is possible to obtain civil compensation through this administrative investigation. The administrative department can only mediate on civil compensation issues during the investigation and handling process. If the two parties cannot reach an agreement,The infringed party still hopes to obtain civil compensation and can only file a lawsuit in the People's Court.
When infringement occurs, the infringed party can also directly file an infringement lawsuit with the People's Court. Litigation is the final solution. Even if the case is handled by the industrial and commercial administrative authorities, the parties concerned who are dissatisfied can still file a lawsuit in the People's Court and submit various civil relief requests through judicial channels.
If you have other questions, you can consult the lawyers at our Legal Savior Network.
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