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Who bears the legal responsibility after authorizing others to use a trademark?

During the period when a trademark is authorized for use by others, the infringement liability shall be borne by the infringing party. During the period of trademark authorization, the authorized party only obtains the right to use the trademark, but the trademark right still belongs to the original trademark owner, so the original trademark owner also The infringing party can be held legally responsible for trademark infringement.

1. Who is responsible for infringement during the period when the trademark is authorized for use by others? The party who infringes the trademark shall bear the relevant legal liability. This has nothing to do with the trademark. If there is a problem with the product, you can sue the manufacturer and seller. The manufacturer is liable for infringement, and the seller is liable for breach of contract. If company A's trademark image is damaged as a result, company BC can be held accountable. Liability for compensation is borne by behavior. The infringer usually has to bear the responsibility to stop the infringement. The perpetrator who knew or should have known that the infringement was infringement also bears the liability for compensation. If the circumstances are serious, criminal liability will also be borne. my country’s Criminal Law has provisions specifically targeting intellectual property crimes. "Criminal Law" Article 213: The crime of counterfeiting a registered trademark is to use the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to a fine of not more than three years in prison. Or a fine alone; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the sales amount is huge; , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

2. Forms of Trademark Infringement The trademark infringement stipulated in my country’s Trademark Law, the Implementing Rules of the Trademark Law and judicial interpretations mostly determine the jurisdiction and jurisdiction of the case according to the content or type of the trademark infringement. subject of the case. Article 57 of the Trademark Law stipulates that any of the following acts shall constitute infringement of the exclusive right to use a registered trademark: (1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant; ( 2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion; (3) Sales that infringe the registered trademark goods with exclusive rights; (4) Forging or manufacturing others’ registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks; (5) Changing the registered trademark without the consent of the trademark registrant and selling the goods with the replaced trademark and put it into the market; (6) Deliberately providing facilities for infringing the exclusive rights of others' trademarks and helping others to infringe the exclusive rights of trademarks; (7) Causing other damage to others' exclusive rights to registered trademarks. But in fact, the exclusive rights to trademarks protected by the Trademark Law are all exercised by subjects; the exercise of different rights forms different subjects of rights; the infringements specified are all carried out by subjects, and subjects who perform different acts form different infringements. main body. Therefore, grasping trademark infringement from the perspective of the subject seems to be more conducive to understanding the relationship between the subject, litigation rights and liability. Our country's laws have clear regulations on the specific composition and form of trademark infringement. When it comes to trademark infringement, penalties need to be dealt with in accordance with the above provisions. Under normal circumstances, not only the relevant civil liability needs to be pursued, but also the relevant civil liability for compensation must be investigated. If serious criminal facts are constituted, relevant criminal liability must also be pursued.