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How to deal with trademark infringement cases filed by industry and commerce

Legal analysis: Trademark infringement cases of the Industrial and Commercial Office will stop the infringement and impose administrative penalties based on the infringer’s illegal facts and the severity of the circumstances.

Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 6 The power to adjudicate civil cases is exercised by the People's Court.

The People's Courts conduct independent trials of civil cases in accordance with legal provisions, without interference from administrative agencies, social groups and individuals.

Article 119: A lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope of the People’s Court to accept civil litigation and The people's court subject to the lawsuit has jurisdiction.

Article 123: The People's Court shall protect the litigants' right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.