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5, yuan compensation standard for trademark infringement
The following are related developments, which I hope will help you. The responsibilities for trademark infringement include civil liability, administrative liability and criminal liability. Specifically: 1. Civil liability for trademark infringement (1) Stop the infringement; (2) Compensation for losses (the amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the period of infringement, or the losses suffered by the infringer during the period of infringement, including the reasonable expenses paid by the infringer to stop the infringement; If the infringement loss is difficult to determine, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement); Note: If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you will not be liable for compensation if you can prove that the commodity was legally obtained by yourself and explain the supplier. (3) eliminate the influence and restore the reputation; (4) Give a gift and apologize. 2. Administrative responsibility for trademark infringement (1) Ordering to stop the infringement immediately; (2) Confiscating and destroying infringing goods and tools specially used for manufacturing infringing goods and forging registered trademarks; (3) If the administrative department for industry and commerce infringes upon the exclusive right to use a registered trademark of another person, it shall be fined less than 3 times the illegal business amount; If the illegal business amount cannot be calculated, a fine of less than 1, yuan shall be imposed. 3. Criminal Liability for Trademark Infringement "Provisions on the Prosecution Standards of Economic Crime Cases" by the Supreme People's Procuratorate and the Ministry of Public Security, for trademark infringement, it is suspected of one of the following circumstances: (1) an individual impersonates another person's registered trademark, and the illegal business amount is more than 1, yuan; The unit counterfeits the registered trademark of others, and the illegal business amount is more than 5, yuan; Counterfeiting other people's well-known trademarks or pharmaceutical trademarks for human use; Although it does not meet the above-mentioned amount standard, it has been subjected to administrative punishment for more than two times for counterfeiting another person's registered trademark, and has also counterfeited another person's registered trademark; Those who cause adverse effects shall be investigated for criminal responsibility in accordance with Article 213 of the Criminal Law. (2) Whoever knowingly sells goods with counterfeit registered trademarks, with an individual sales amount of more than 1, yuan and a unit sales amount of more than 5, yuan, shall be investigated for criminal responsibility in accordance with Article 214 of the Criminal Law; (3) illegally manufacturing and selling illegally manufactured registered trademark marks, with the number of more than 2, pieces (sets), or the illegal income amount is more than 2, yuan, or the illegal business amount is more than 2, yuan; Illegally manufacturing or selling illegally manufactured well-known trademark marks; Although it does not meet the above-mentioned amount standard, it has been subjected to administrative punishment for more than two times for illegally manufacturing and selling illegally manufactured registered trademark marks, and illegally manufacturing and selling illegally manufactured registered trademark marks; Whoever uses bribery and other illegal means to promote the illegally manufactured registered trademark logo shall be investigated for criminal responsibility in accordance with the provisions of Article 214 of the Criminal Law.