How to punish trademark infringement
Article 60 includes infringement of registration as listed in Article 57 of this Law If a dispute arises from one of the acts of trademark exclusive rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
When handled by the Industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to stop immediately, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If the 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. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of trademark exclusive rights, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it becomes effective, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.Prosecution.
Article 61 is exclusively for infringement of registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any violation of rights in accordance with the law; if a crime is suspected, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.
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