Trademark infringement was detained by the customs
Recently, the customs inspected a batch of goods, saying that they were suspected of infringement (some letters were the same as those filed by the customs). The customs informed the obligee that the obligee had paid a deposit to identify our infringement, and the goods were put into storage and handed over to the legal department, which identified the infringement and handed it over to the legal department. But the LOGO on our goods was registered by foreign guests in their country, and we filed a complaint. Now we are short of the last document. My question is 1. After my materials are submitted completely, if the legal department finally decides that there is no infringement, will it be released directly and my cabinet can go? Will the obligee sue in a year and a half? 2. If the Ministry of Justice finds it impossible to confirm whether there is infringement, it will wait 50 working days to see whether the obligee files a lawsuit. The maximum sentence for intellectual property crimes is fixed-term imprisonment. According to the provisions of the Criminal Law, the crime of infringing intellectual property rights in Article 7 of the Criminal Law should be less than seven years. Article 213 Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 216 Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. Article 218 Whoever, for the purpose of making profits, knowingly sells infringing copies specified in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. Article 219 Whoever commits one of the following acts of infringing on trade secrets, thus causing heavy losses to the right holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means; (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner. Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section.