What are the legal responsibilities for trademark infringement
Article 60 of the Trademark Law; one of the acts that infringes upon the exclusive right to use a Registered trademark as listed in Article 57 of this Law causes disputes If the dispute is resolved through negotiation, the parties concerned shall negotiate; if they 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 handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it 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 turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. 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. 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 from the industrial and commercial administrative department handling the matter, You can also file a lawsuit with 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 agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
"Trademark Law" Sixth Article 17: If the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.
Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks,If it constitutes a crime, in addition to compensating the losses of the offended party, criminal liability will be pursued in accordance with the law.
If one knowingly sells goods that are counterfeit registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.
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