According to the relevant laws and regulations of our country, infringement must constitute an established fact, and it is still illegal and needs to bear tort liability. The immediate deletion only stops the infringement, and what should be done is to compensate the other party for all the direct economic losses caused by it. If there is any infringement in accordance with the provisions, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the circumstances. Even if it is deleted, the infringement has been completed and it is illegal. According to the relevant provisions of the Copyright Law, copying, distributing, performing, showing, broadcasting, compiling and disseminating his works to the public through information networks without the permission of the copyright owner constitutes a crime of copyright infringement.
Specific needs to bear the following responsibilities:
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 obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement;
If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. If the infringement is found to be established, it shall be ordered to stop the infringement immediately;
Confiscation and destruction of infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademarks, where the illegal business amount is more than 50 thousand yuan, a fine of less than 5 times the illegal business amount may be imposed;
If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. Crime of counterfeiting registered trademarks; Crime of illegally manufacturing and selling illegally manufactured registered trademarks.
Legal basis:
Legal protection measures of copyright infringement in copyright restriction protection;
(1) Criminal Relief Although the crime of copyright infringement has been stipulated in China's criminal law, in practice, administrative law enforcement personnel mostly "substitute punishment with punishment", that is, only administrative responsibilities such as administrative fines are investigated for criminal acts, and they are rarely transferred to judicial organs for criminal responsibility. Strengthening the criminal protection of network copyright and giving criminals enough deterrent imprisonment or fines are the direction of future copyright criminal trials and the most powerful judicial protection measures.
(2) Pre-litigation injunction refers to the measures to order the infringer to stop relevant acts and property preservation before bringing a lawsuit. The court has the right to take timely and effective temporary measures at the request of one party, so as to prevent irreparable damage to the obligee or the danger of evidence being destroyed due to delay. The copyright owner has evidence to prove that others are committing or will commit acts that infringe his rights. If he can't stop them, his legitimate rights and interests will suffer irreparable losses. The copyright owner may apply to the people's court to take measures to order the infringer to stop the relevant acts and preserve the property before prosecution. However, the wrong application or improper measures taken by the court will cause great losses to the respondent, so we should pay attention to the application of the pre-litigation injunction: 1. The application of the pre-litigation injunction has strict conditions and can only be considered if other remedies are insufficient to protect the interests of the copyright owner. 2. Applicants must be required to provide sufficient guarantees, and it is even more necessary to prevent malicious use of the ban to crowd out and attack others' normal business competition. 3. Strict censorship.