How to punish packaging infringement in the Civil Code

Many people privately follow the trend of production, such as packaging, in order to make profits, but they forget that this may infringe on other people's intellectual property rights, causing themselves to fall into legal disputes, which not only affects economic benefits but also leads to financial compensation. In " How does the Civil Code stipulate the penalties for packaging infringement? The editor of Legal Savior Network will tell you.

1. How to punish packaging infringement in the Civil Code

"Civil Code" The penalty for packaging infringement is to pay corresponding damages to the infringed party and stop producing such packaging.

"Civil Code"

Article 1185 [Infringement of knowledge Punitive damages for property rights] If the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.

Article 1167 [Method of liability for endangering the personal and property safety of others] If the infringement endangers the personal or property safety of others, the infringement shall be A person has the right to request the infringer to bear tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.

2. Should the producer bear infringement liability for packaging infringement

If the producer is a dispatched employee or labor employee of the employer, the employer will bear the responsibility, but the employer can recover compensation from it afterwards.

Article 1191 [Responsibility of the Employer and Responsibilities of Labor Dispatch Units and Labor Employers] If the performance of work tasks causes damage to others, the employer shall bear tort liability. After the employer assumes tort liability, it may seek compensation from the staff member who committed intentional or gross negligence.

During the labor dispatch period, if the dispatched staff causes damage to others due to performing work tasks, the employer that accepts the labor dispatch shall bear tort liability; the labor dispatch unit has Those who are at fault shall bear corresponding responsibilities.

If during the provision of labor services, the party providing the labor services is damaged due to the behavior of a third party, the party providing the labor services shall be liable for damages.The party providing services has the right to request the third party to bear tort liability, and also has the right to request compensation from the party receiving services. After the party receiving the labor service is compensated, it can recover compensation from the third party.

The penalty for packaging infringement in the Civil Code is determined by the degree of infringement liability, but if the packaging infringes the other party, financial compensation must be given. The other party can also ask the infringer to stop producing this kind of packaging. Packaging infringement generally involves design intellectual property rights. Lawyers at Legal Savior Network have rich experience in intellectual property disputes. Come and consult us.