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How to understand the content of Article 79 of the Implementation Regulations of the New Trademark Law?

Article 79 of the "Regulations for the Implementation of the Trademark Law" stipulates: The following situations are the situations stipulated in Article 60 of the Trademark Law that can prove that the goods were obtained legally by oneself: (1) There is a legal supplier The signed supply list and payment receipt have been verified to be true or recognized by the supplier; (2) There is a purchase contract signed by the supplier and the seller and it has been verified to have been truly performed; (3) There is a legal purchase invoice and the items recorded in the invoice are consistent with the purchase contract. Corresponding to the goods involved in the case; (4) Other circumstances that can prove the legal acquisition of the goods involved in the case.

Article 60 of the "Trademark Law" stipulates: If there is any infringement of the exclusive right to register a trademark as listed in Article 57 of this Law, and a dispute arises, it shall be resolved by negotiation between the parties; if the parties are unwilling to negotiate or negotiate If this fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 57 of the "Trademark Law" stipulates: Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark: (1) Using it on the same kind of goods without the permission of the trademark registrant A trademark that is the same as its registered trademark; (2) using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to confusion (3) Selling goods that infringe the exclusive rights of registered trademarks; (4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks; (5) Replacing other trademarks without the consent of the trademark registrant. Registering a trademark and putting the goods with the replaced trademark into the market; (6) Deliberately providing facilities for infringement of the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other people’s exclusive rights to registered trademarks other damages.