What are the basic parties to a trademark infringement case?

After a trademark infringement case occurs, in terms of handling methods, the parties can first negotiate, or they can request the work-related injury administrative department to handle the infringement dispute. Of course, interested parties can also file a lawsuit with the People's Court. What are the basic parties to a trademark infringement case? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What are the basic parties in trademark infringement cases

The basic parties in a trademark infringement case are trademark rights holders, including registered trademarks Exclusive rights holders, trademark licensees, and perpetrators of infringement include sellers, producers, and licensors of infringing marks.

The independence of the seller’s infringement

To determine the seller’s litigation status, the first step is to determine whether it is implemented An independent infringement act or a participant in a joint infringement act. If the seller's infringement behavior is independent of other infringers, the seller's litigation position should also be independent.

In the statutory legal system, the characterization of a certain behavior should be based on existing laws. Whether the law separately provides special provisions for a certain behavior is an important basis for examining the legal independence of a certain behavior. The Trademark Law has a gradual process of defining infringement. This process helps us understand the nature of seller responsibility.

"Trademark Law"Five infringements are stipulated: that is, using a trademark that is the same or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant; selling goods that infringe the exclusive right of a registered trademark; counterfeiting or manufacturing without authorization Registering a trademark by others or selling counterfeit or unauthorized registered trademarks; changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market; causing other damage to the exclusive right to use the registered trademark of others . It can be seen that my country's trademark legislation has experienced a transformation process from confusion to independent understanding of use and sales.

Intellectual property rights holders have the right to choose the parties they deem appropriate to litigate

Trademark right, as an absolute right, has both positive and negative powers. The so-called positive power means that the trademark owner has the right to perform positive actions to realize the property rights of the trademark right; negative power means that the trademark owner has the right to exclude others from his or her trademark rights. This is reflected in the law as the right to claim intellectual property rights. Determining the nature of the trademark right claim is of great significance to understanding the seller’s litigation position in trademark infringement lawsuits.

Trademarks of sellers and other parties

The infringer is not a necessary co-litigant

Necessary joint action refers to one or both parties being two or more persons The above is a multi-person lawsuit with a common subject matter. The common feature of this type of litigation is that the parties involved in the litigation enjoy common rights and obligations, and it is an indivisible lawsuit.

The belief that sellers and other trademark infringers are necessary co-litigants is one of the main reasons to refute the seller’s independent litigation status in trademark infringement litigation. one. my country's Civil Procedure Law does not clearly define necessary joint litigation in law, resulting in judicial practice in which cases related to joint liability and joint infringement are classified as necessary joint litigation. The jointly and severally liable persons should participate in the litigation as co-defendants. For cases based on the same facts, or legal reasons, the decision-making power is left to the court as to whether it constitutes necessary joint litigation. This objectively causes courts in various places to have different understandings of the conditions for necessary litigation, or to abuse the right to pursue claims out of caution.

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