What responsibilities will be pursued for trademark infringement
Civil liability for trademark infringement
(1) Stop the infringement;
(2) Compensate for losses (the amount of compensation for infringement of trademark exclusive rights shall be the amount of compensation suffered by the infringer due to infringement during the infringement period) The benefits obtained, or the losses suffered by the infringed party during the period of infringement, include the reasonable expenses paid by the infringed party to stop the infringement; if the infringement losses are difficult to determine, the people's court shall make a judgment of not more than 500,000 yuan based on the circumstances of the infringement. Compensation); Note: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.
(3) Eliminate the influence and restore reputation;
(4) Give gifts and apologize.
Administrative liability for trademark infringement
(1) Order the infringement to cease immediately;
(2) Confiscate and destroy infringing goods and tools specifically used to manufacture infringing goods and forge registered trademarks;
(3) The industrial and commercial administration authorities shall impose a fine of not more than three times the illegal business turnover for infringement of the exclusive rights of others' registered trademarks; if the illegal business turnover cannot be calculated, a fine of not more than 100,000 yuan shall be imposed.
Criminal liability
According to the provisions of my country's "Criminal Law", there are three types of trademark crimes: counterfeiting The crime of registered trademark, the crime of selling counterfeit registered trademark goods, and the crime of illegally manufacturing or selling illegally manufactured registered trademark signs.
(1) Elements of the crime of trademark infringement
1. Must violate national trademark management System and infringement of other people’s registered trademarksExclusive rights.
2. The act of infringing the registered trademark of others must be carried out, including:
(1) Without the permission of the trademark registrant, use the same trademark as the registered trademark on the same kind of goods;
(2) Forge or create without authorization the registered trademark logo of others or sell counterfeit , Registered trademark logos manufactured without authorization;
(3) Selling goods that are knowingly counterfeit registered trademarks.
The crime of infringement of registered trademark rights is based on "serious circumstances" as the standard. The so-called "serious circumstances" are as follows:
(1) Using the same trademark as the registered trademark on the same kind of goods without the permission of the registered trademark owner, and the amount of illegal income is more than 20,000 yuan;
(2) Selling goods that are knowingly counterfeit registered trademarks, the amount of illegal income is more than 20,000 yuan; forging or unauthorized manufacturing of other people’s registered trademarks or selling forged or unauthorized registered trademarks, the illegal amount More than 10,000 yuan;
(3) Counterfeiting other people’s registered human drug trademarks;
">(4) Counterfeiting other people’s registered trademarks, causing adverse social impact and international impact;
(5) Being punished twice by the industrial and commercial administration department for counterfeiting other people’s registered trademarks Administrative penalties for counterfeiting other people's registered trademarks;
(6) Using illegal means such as bribery to promote counterfeit trademarked goods or forged or unauthorized manufactured trademarks registered by others.
3. The subject of trademark infringement can be a natural person or an entity. Criminal penalties for units include fines and sentences for directly responsible managers and other directly responsible personnel. The so-called "directly responsible personnel" refer to the personnel in the enterprise who directly decide, plan and sponsor counterfeit trademarks. Due to the relaxation of my country's economic policies, perpetrators of counterfeit trademarks are no longer limited to enterprises but also include individual industrial and commercial households and individual citizens.
4. The perpetrator must be subjectively intentional, that is, he or she is counterfeiting someone else’s registered trademark to make illegal profits, or destroying the reputation of someone else’s trademark, or seeking other illegal benefits. Purpose. perpetratorThere is no subjective criminal intention and this crime is not constituted. When punishing the sale of goods with counterfeit registered trademarks, it should be noted that the constituent elements of civil liability and criminal liability are different. The actor's civil liability does not require "knowingly" as a constituent element, while the actor who bears criminal liability must be aware of the Selling goods with counterfeit registered trademarks is an important distinction between crimes and non-crimes.
(2) Penalty
In order to punish the crime of counterfeiting registered trademarks, the National People's Congress 1997 The amendments to the "Criminal Law" passed in 2018 have increased the sentencing range for crimes involving trademarks. The original "Criminal Law" stipulates: "In violation of trademark management regulations, industrial and commercial enterprises counterfeit registered trademarks of other enterprises, the person directly responsible shall be punished." The person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine." The current "Criminal Law" stipulates: without the permission of the registered trademark owner, using the same trademark as the registered trademark on the same kind of goods, if the circumstances are serious, or selling a counterfeit registered trademark knowingly Those who sell goods with a relatively large amount of sales, or who forge or manufacture without authorization the registered trademarks of others, or who sell forged or unauthorized manufactures of the registered trademarks of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently or solely be fined ; If the circumstances are particularly serious or the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. If a unit commits this crime, the unit shall be fined, and the directly responsible supervisor and other directly responsible personnel shall be held criminally responsible.
(3) Other criminal acts related to trademark infringement
"Trademark Law" stipulates: Engage in State agency staff involved in trademark registration, management and review must enforce the law impartially, be honest and self-disciplined, be dedicated to their duties, and serve in a civilized manner. If state agency staff engaged in trademark registration, management, and review work neglect their duties, abuse their power, engage in self-seeking practices, handle trademark registration, management, and review matters illegally, accept property from parties, and seek illegitimate benefits, which constitutes a crime, they will be held criminally responsible.
Trademark infringement requires civil liability, criminal liability and administrative liability. There is a detailed introduction in the article, I hope it can help you. If you have any questions, please feel free to consult a lawyer on this website.
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