How to punish plagiarism from well-known brands

How to punish plagiarism from well-known brands? It is necessary to order the industrial and commercial administrative department to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit Registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of up to five times the illegal business volume may be imposed. fine; below, the editor of the Legal Savior Network will introduce relevant knowledge to you.

1. How to punish plagiarism from well-known brands

1. It needs to be punished by the industrial and commercial administration The management department shall order an immediate cessation of infringement, confiscate and destroy infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed;

2. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed;

3. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished.

Infringements that constitute the sale of goods with counterfeit registered trademarks include. Whether the trademarks are similar or similar is mainly analyzed from the perspective of the sound, shape, meaning, and composition of the trademark. Whether the goods or services are similar or not Similar goods refer to goods that are identical in terms of functions, uses, production departments, sales channels, consumer objects, etc., or that are generally believed by the relevant public to be specifically related and likely to cause confusion. Whether it is likely to cause confusion among the relevant public.

Article 46 of the "Trademark Law of the People's Republic of China" expires, and the party concerned does not apply for review or trademark review of the Trademark Office's decision to declare the registered trademark invalid. If the committee's review decision or ruling to maintain a registered trademark or declare a registered trademark invalid is not filed in the People's Court, the Trademark Office's decision or the Trademark Review and Adjudication Board's review decision or ruling shall take effect.

Article 47 A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of this Law shall be announced by the Trademark Office. The exclusive right to use the registered trademark is deemed to have ceased to exist from the beginning.

Decisions or rulings declaring the registered trademark invalid, judgments, rulings, mediation documents and industrial and commercial trademark infringement cases made and executed by the People's Court before the invalidation Decisions on trademark infringement cases made and implemented by administrative departments and trademark transfer decisions that have been implementedTransfer or use license contracts do not have retroactive effect. However, compensation shall be provided for losses caused to others due to the bad faith of the trademark registrant.

2. What are the legal liabilities for intellectual property infringement

1. Civil liability for compensation;

2. If the public interest is harmed at the same time, the person in charge shall The copyright department shall order the infringement to cease, issue a warning, confiscate the illegal gains, and impose fines in accordance with regulations;

3. It constitutes a criminal offense and shall bear criminal liability in accordance with the law.

3. What written materials should be submitted for complaints about intellectual property infringement

1. Complaint letter. List the respondent, address of the respondent, infringement facts, complaint requirements, legal basis, as well as the complainant’s name, address, contact number, date of complaint, and agent-related documents.

2. Business license. Copies must be submitted with the official seal of the original issuing authority.

3. Trademark registration certificate. Copies must be affixed with the official seal of the industrial and commercial administration at or above the county level where the trademark owner is located.

4. Evidence of infringement, including infringing objects, trademarks, relevant bills or photos, etc.

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