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Pls how did you deal with it, I was also sued.
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The infringer usually bears the responsibility to stop the infringement, and the perpetrator who knows or should know that it is the infringer also bears the responsibility of compensation. If the circumstances are serious, they must also bear criminal responsibility, and China's Criminal Law has special provisions for intellectual property crimes.
Article 67 of the Trademark Law of the People's Republic of China stipulates that if a trademark identical to its registered trademark is used on the same kind of food without the permission of the trademark registrant, and it constitutes a crime, in addition to compensating the infringed party for its losses, criminal liability shall be investigated in accordance with law.
Where the forgery or unauthorized manufacture of another person's registered trademark logo or the sale of a forged or unauthorized registered trademark logo constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the infringed party's losses.
If the sale of goods that are known to be counterfeit registered trademarks constitutes a crime, criminal liability shall be investigated in accordance with law in addition to compensating the losses of the infringed party.
Article 63 of the Trademark Law of the People's Republic of China stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the right holder due to the infringement; where the actual losses are difficult to determine, they may be determined in accordance with the benefits obtained by the infringer as a result of the infringement; If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined with reference to the multiple of the trademark license fee. Where the circumstances are serious, the amount of compensation may be determined between one and five times the amount determined in accordance with the above-mentioned methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement if the right holder has tried its best to provide evidence, and the account books and materials related to the infringement are mainly in the possession of the infringer; Where the infringer does not provide or provides false account books or materials, the people's court may determine the amount of compensation by referring to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer as a result of the infringement, and the license fee for the registered trademark, the people's court shall make a judgment to give compensation of not more than RMB 5 million according to the circumstances of the infringement.
The people's court hearing a trademark dispute case shall, at the request of the right holder, order the goods that are counterfeit registered trademarks to be cancelled and defamed, except in special circumstances; The materials and tools mainly used to manufacture goods with counterfeit registered trademarks shall be ordered to be destroyed without compensation; or under special circumstances, order that the aforementioned materials and tools be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks may not enter the commercial channel after only removing the counterfeit registered trademark.
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Trademark infringement shall bear the liability for infringement. The infringer is usually liable to stop the infringement, and the infringer who knows or should know that it is the infringer is also liable for compensation. Those who have illegal business activities will also be fined, and if the circumstances are serious, they will also bear criminal responsibility.
Article 60 of the Trademark Law, if any of the acts listed in Article 57 of this Law infringes upon the exclusive right to use a registered trademark, and a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to do so, the trademark registrant or interested party may file a lawsuit with the people's court or request the administrative department for industry and commerce to handle the matter. When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order it to immediately stop the infringing act, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If there are more than two acts of trademark infringement within five years or other serious circumstances, the offender shall be punished heavily.
If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by oneself and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped. In the case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the administrative department for industry and commerce, or may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, 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.
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The liabilities to be borne for trademark infringement include civil liability, administrative liability, and criminal liability.
1. Civil liability for trademark infringement.
1) cease the infringement;
2) Compensation for losses (the amount of compensation for infringement of the exclusive right to use the trademark, which is the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement); if it is difficult to determine the infringement loss, the people's court shall make a judgment to give compensation of less than 500,000 yuan according to the circumstances of the infringement); If the seller does not know that the goods infringe the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by the person and explain the supplier, he shall not be liable for compensation.
3) Eliminate the impact and restore the reputation;
4) Give a gift and apologize.
2. Administrative liability for trademark infringement.
1) order the immediate cessation of the infringing act;
2) confiscation and destruction of infringing goods and tools specially used to manufacture infringing goods and forge registered trademark logos;
3) The administrative authority for industry and commerce shall impose a fine of less than 3 times the illegal business turnover for infringing on the exclusive right to use a registered trademark of another person; If the illegal business turnover cannot be calculated, a fine of less than 100,000 yuan shall be imposed.
3. Criminal liability for trademark infringement.
1) Individuals counterfeit the registered trademarks of others, and the amount of illegal business is more than 100,000 yuan; The unit counterfeits the registered trademark of another person, and the amount of illegal business is more than 500,000 yuan; counterfeiting the well-known trademark of another person or the trademark of the human drug roll-on product; Although the above-mentioned amount standard is not reached, but has received administrative punishment for counterfeiting the registered trademark of another person for two or more times, and counterfeits the registered trademark of another person; If a bad impact is caused, criminal responsibility shall be pursued in accordance with Article 213 of the Criminal Law.
2) Selling goods that are known to be counterfeit registered trademarks, with an individual sales amount of more than 100,000 yuan and a unit sales amount of more than 500,000 yuan, shall be investigated for criminal liability in accordance with Article 214 of the Criminal Law;
3) Illegally manufacturing or selling illegally manufactured registered trademark logos, with the quantity of more than 20,000 pieces (sets), or the amount of illegal gains is more than 20,000 yuan, or the amount of illegal business is more than 200,000 yuan; illegally manufacturing or selling illegally manufactured well-known trademark logos; Although the above-mentioned amount standard has not been reached, but has received administrative punishment for illegally manufacturing or selling illegally manufactured registered trademark logos for two or more times, and illegally manufacturing or selling illegally manufactured registered trademark logos; Anyone who uses bribery or other illegal means to promote a registered trademark logo made by illegal means shall be investigated for criminal liability in accordance with Article 214 of the Criminal Law.
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Legal Analysis: Serious trademark infringement requires criminal liability and early appointment. For trademark infringement that is serious and constitutes a crime, the criminal liability shall be investigated in accordance with the law, and the perpetrator shall be given severe criminal sanctions to combat and prevent trademark infringement and protect the exclusive right to use a registered trademark.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
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1. Administrative penalties: 1. Order the immediate cessation of the infringing act; 2. Confiscation and destruction of infringing goods and tools specially used to manufacture infringing trademarks and forge registered trademark logos; 3. A fine of less than three times the illegal business turnover shall be imposed; where the illegal business turnover cannot be calculated, a fine of up to 100,000 yuan is to be imposed. 2. Civil penalties:
1. Immediately stop the infringement; 2. Compensation for the losses suffered by the owner of the exclusive right to use the trademark due to the infringement of the exclusive right to use the trademark (the amount is: the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed person to stop the infringement; Where it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed party due to the infringed party, the people's court shall make a judgment to give compensation of up to 500,000 yuan based on the circumstances of the infringement). III. Criminal Penalties:
According to the Trademark Law of the People's Republic of China, if one of the following acts infringes on the exclusive right to use a registered trademark, which constitutes a crime, criminal liability shall be investigated in accordance with the law: Using a trademark identical to the registered trademark on the same trademark without the permission of the trademark registrant; Counterfeiting or unauthorized manufacture of another person's registered trademark or selling counterfeit or unauthorized manufacture of registered trademark logos; Selling goods that are known to be counterfeit registered trademarks.
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Hello, in accordance with the provisions of the Trademark Law of the People's Republic of China, the Regulations for the Implementation of the Trademark Law of the People's Republic of China, and the Criminal Law of the People's Republic of China, infringement of the exclusive right to use a trademark may bear the following legal liabilities:
1. Administrative Responsibility:
1) order the immediate cessation of the infringing act;
2. Confiscation and destruction of infringing goods and tools specially used to manufacture infringing trademarks and forge registered trademark logos;
3. A fine of less than three times the illegal business turnover shall be imposed; where the illegal business turnover cannot be calculated, a fine of up to 100,000 yuan is to be imposed.
2. Civil liability:
1. Immediately stop the infringement;
2. Compensation for the losses suffered by the owner of the exclusive right to use the trademark due to the infringement of the exclusive right to use the trademark (the amount is: the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed person to stop the infringement; Where it is difficult to determine the benefits obtained by the infringer or the losses suffered by the infringed party due to the infringed party, the people's court shall make a judgment to give compensation of up to 500,000 yuan based on the circumstances of the infringement).
3. Criminal Liability:
Using a trademark identical to the registered trademark on the same trademark without the permission of the trademark registrant;
Counterfeiting or unauthorized manufacture of another person's registered trademark or selling counterfeit or unauthorized manufacture of registered trademark logos;
Selling goods that are known to be counterfeit registered trademarks.
2. In accordance with the provisions of the Supreme People's Procuratorate and the Ministry of Public Security's "Standards for Prosecution of Economic Crime Cases", any of the following acts shall be prosecuted in accordance with law:
Individuals counterfeiting the registered trademarks of others, and the illegal economic amount is more than 100,000 yuan; The unit counterfeits the registered trademark of another person, and the amount of illegal business is more than 500,000 yuan; Anyone who counterfeits another person's well-known trademark or a pharmaceutical trademark for human use, and the amount does not meet the above standards, but the counterfeiting of another person's registered trademark has been subject to administrative punishment more than twice, and the counterfeiting of another person's registered trademark causes a bad impact, shall be prosecuted in accordance with Article 113 of the Criminal Law;
Selling goods that are known to be counterfeit registered trademarks, with individual sales of more than 100,000 yuan and unit sales of more than 500,000 yuan, shall be prosecuted in accordance with Article 214 of the Criminal Law;
Illegally manufacturing or selling illegally manufactured registered trademark logos, with more than 20,000 pieces (sets); or the illegal gains are more than 20,000 yuan; or the illegal business turnover is more than 200,000 yuan; Illegally manufacturing or selling illegally manufactured well-known trademark logos, although they do not meet the above standards, but have received more than two administrative penalties for illegally manufacturing or selling registered trademark logos, and illegally manufacture or sell registered trademark logos; The use of bribery and other illegal means to promote illegally manufactured registered trademark logos shall be prosecuted in accordance with Article 215 of the Criminal Law.
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Civil compensation, serious criminal liability.
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Trademark infringement refers to the act of violating the provisions of the law by using the same or similar logo as a registered trademark without the consent of the trademark owner on the same or similar goods or services, thereby harming the legitimate rights and interests of the trademark owner. The civil liabilities to be borne for trademark infringement are: (1) cessation of infringement; (2) compensation for damages; It should be noted that if you sell goods that you do not know to infringe the exclusive right to use a registered trademark, you will not be liable for compensation if you can prove that the goods were legally obtained by yourself and explain the provider.
3) Eliminate the impact and restore the reputation; (4) Apologize. The administrative liabilities for trademark infringement include: (1) ordering the infringement to cease immediately; 2) confiscation and destruction of infringing goods and tools specially used to manufacture infringing goods and forge registered trademark logos; 3) The administrative authority for industry and commerce shall impose a fine of less than 3 times the illegal business turnover for infringing on the exclusive right to use a registered trademark of another person; If the illegal business turnover cannot be calculated, a fine of less than 100,000 yuan shall be imposed.
If the trademark infringement is serious, criminal liability may also be incurred. Legal basis: Article 213 of the Criminal Law of the People's Republic of China Whoever, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
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