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What is the concept of bona fide infringement in trademark infringement?
The so-called bona fide infringement means that the infringer subjectively has no intention or negligence of infringement, but objectively has infringed on the registered trademark right of others. According to the third paragraph of Article 56 of the Trademark Law, if you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain it to the supplier, and you will not be liable for compensation. Therefore, the Trademark Law expressly stipulates that bona fide infringement is not liable for compensation, and only applies to the sale of infringing goods. Other torts, even in good faith, should also be liable for compensation. Although the seller's industry belongs to trademark infringement, the conditions for not being liable for compensation are as follows: the seller should provide evidence to prove that he did not know that the goods he sold were goods infringing the exclusive right to use a registered trademark; You should provide evidence to prove that the source of the goods you sell is legal, that is, you can prove that the goods were legally obtained by yourself and explain the supplier. In addition, after the seller's behavior is identified as infringement, it should immediately stop the infringement. If he continues to sell infringing goods, it is intentional infringement and should be liable for compensation to the obligee.