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How to deal with the confiscated trademark infringing goods?
Confiscated trademark infringers can be destroyed. In general, there are four ways to deal with the confiscated trademark infringing goods: 1. Acquisition of Infringed Persons According to the third paragraph of Article 27 of the Regulations on Customs Protection of Intellectual Property Rights, if the intellectual property right holder has the desire to purchase, the customs may transfer the confiscated goods infringing intellectual property rights to the intellectual property right holder. After the infringing articles are confiscated, the case-handling organ shall first seek the opinions of the infringed, and if it is willing to buy, it may notify it to submit a written application report, and after the approval of the person in charge of the case-handling organ, it may be transferred to the infringed with compensation. Before the transfer, the case-handling organ shall entrust a legally qualified price verification agency to conduct price evaluation, and the transfer price shall not be lower than the reserve price of the evaluation and appraisal. The specific transfer price shall be determined by the case-handling organ and the infringed party through consultation. 2. Auction (replacement) of infringing goods that the infringed has no intention to buy may entrust an auction institution to conduct public auction (except for goods that are fresh, perishable, useless and not allowed to be listed). If it is a state monopoly, it shall be purchased by the competent department. If it is impossible to auction or auction, the infringing articles may be purchased or sold by qualified units. It should be noted that before the auction (exchange) sale of infringing goods, the case-handling organ shall remove the trademark mark on the infringing goods and strictly examine the qualifications of the competing (buying) buyers. 3. For social welfare undertakings, those infringing goods that are valuable but the infringed party has no desire to buy and cannot be sold (exchanged) can be used for social welfare undertakings and help needy groups, such as donating them to civil affairs departments, the Red Cross, welfare homes, poor mountainous areas and disaster areas. 4. There are two main ways to destroy trademark infringing goods: 1) Infringed goods that cannot be handled by the above methods should be destroyed. This can not only prevent the whole case from being closed in time because the handling of infringing goods is not finally completed, but also prevent infringing goods from occupying the property warehouse involved for a long time. 2) Infringed commodities that have been inspected by statutory inspection institutions or are obviously harmful to human health, have major security risks, threaten public safety and destroy environmental resources should be resolutely and thoroughly destroyed to prevent harmful consequences. When destroying infringing goods, the infringed shall provide necessary assistance.