The crime of counterfeiting registered trademarks refers to the serious act of violating national trademark management regulations and using the same trademark as the registered trademark on the same product without the permission of the registered trademark owner. The editor has compiled the jurisdiction of counterfeit trademark cases and shared them with everyone. You are welcome to read them for reference only!

The crime of counterfeiting registered trademarks

As people recognize the value of trademarks and With the increasing awareness of corporate brand creation, the "free-riding" behavior of counterfeiting other people's trademarks driven by strong economic interests has also emerged. Moreover, this behavior is increasing day by day and some new forms have emerged. In the face of increasingly serious and complex acts of counterfeiting registered trademarks, criminal law, as an important part of trademark legal protection, has limited crackdowns on such acts. This is important for protecting trademark exclusive rights, safeguarding the legitimate rights and interests of consumers, and maintaining normalcy. The market economic order is extremely unfavorable.

Situation Analysis

The scope of China’s current criminal law against counterfeiting of registered trademarks is obviously too limited. Not only is the target of protection too narrow, but it also fails to include registered trademarks with the same legal status as registered product trademarks. Service marks are included in the protection scope of the criminal law, and the provisions on the behavior of counterfeiting registered trademarks are too simple, which is obviously not conducive to the protection of the interests of trademark owners and consumers. This is undoubtedly not conducive to effective control of such behavior. No wonder some people believe that the current infringement and crime of some trademarks are still rampant. In addition to economic interests, the reason is that the criminal law legislation on this type of crime is relatively lagging behind, law enforcement measures are weak, and the awareness of intellectual property protection is poor. and other reasons. In order to increase the criminal law's crackdown on counterfeit registered trademarks, improve the crime of counterfeiting registered trademarks, effectively prevent and control trademark crimes, and fully implement the TRIPS Agreement.

Types and jurisdiction of trademark cases accepted by people's courts

The Supreme People's Court's "Interpretation on Issues Concerning the Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases" explains the types of trademark cases accepted by people's courts and jurisdiction are clearly defined.

1. Types of cases accepted

Specifically, the People’s Court accepts the following trademark cases:

(1) Dissatisfaction with the Trademark Review and Adjudication Board of the State Council’s Administration for Industry and Commerce ( Cases involving review decisions or rulings made by the Trademark Review and Adjudication Board (hereinafter referred to as the Trademark Review and Adjudication Board);

(2) Cases of dissatisfaction with specific administrative actions regarding trademarks made by the industrial and commercial administration departments;

(3) ) Cases of disputes over the ownership of exclusive rights to trademarks;

(4) Cases of disputes over infringement of exclusive rights to trademarks;

(5) Cases of disputes over transfer contracts of exclusive rights to trademarks;

(6) Cases involving disputes over trademark licensing contracts;

(7) Cases involving applications to stop infringement of trademark exclusive rights before litigation;

(8) Cases involving applications for property preservation before litigation;

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(9) Application for pre-litigation evidence preservation cases;

(10) Other trademark cases.

In cases involving trademark infringement disputes, the trademark registrant or interested party requests the industrial and commercial administration department for handling of the infringement of trademark rights, and then files a trademark infringement lawsuit with the People's Court to request damages. , the People's Court shall still accept the case; if the case has been handled by the industrial and commercial administrative department, the People's Court shall still examine the facts of the civil dispute between the parties.

II. Scope of Jurisdiction

For the first-instance cases listed in Item (1) above, the Beijing Higher People’s Court shall determine the relevant intermediate people’s courts within its jurisdiction in accordance with the authorization of the Supreme People’s Court. The court shall have jurisdiction; in addition, the jurisdiction of the first-instance cases listed in item (2) above shall be determined in accordance with the relevant provisions of the Administrative Litigation Law.

First-instance cases of trademark civil disputes shall be under the jurisdiction of the intermediate people's courts and above; each higher people's court may determine 1-2 grassroots courts in larger cities based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court. The People's Court accepts first-instance trademark civil dispute cases.

How to identify counterfeit trademarks

If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:

1. There must be an illegal act The existence of the act means that the actor has carried out the act of selling counterfeit registered trademark goods;

2. There must be a fact of damage, which means that the actor has carried out the act of selling counterfeit registered trademark goods and caused the trademark owner’s Damage consequences.

Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.

3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks.

4. There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor’s sales behavior and the damage caused to the trademark owner.

The above is the jurisdiction of counterfeit trademark cases provided by the editor. I hope it can be helpful to everyone.

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