Trademark Law of the People's Republic of China: Article 55: The industrial and commercial administrative departments at or above the county level shall, based on the evidence of suspected violations or reports that have been obtained, investigate any behavior suspected of infringing the exclusive rights of others' registered trademarks. When conducting investigations and punishments, the following powers may be exercised:

(1) Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of registered trademarks of others; Contracts, invoices, account books and other relevant materials related to infringement activities;

(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe on the exclusive rights to registered trademarks of others;

( 4) Inspect items related to infringing activities; items that are evidenced to infringe the exclusive rights of others’ registered trademarks may be sealed or detained.

When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

Interpretation This article is about the powers that the industrial and commercial administrative departments at or above the county level can exercise to investigate and punish acts that infringe the exclusive rights of registered trademarks.

1. During the review of the revision of the Trademark Law, many members of the Standing Committee, localities and departments raised the question of what powers the industrial and commercial administration departments have in investigating and punishing infringements of the exclusive rights to registered trademarks. Although the Implementing Rules of the Trademark Law There are provisions for this in relevant regulations, but this aspect has not been clarified in the Trademark Law. Considering the needs and actual situation of intensifying the crackdown on infringement of trademark exclusive rights and maintaining the socialist market economic order, it is necessary to clearly stipulate in this law the powers of the industrial and commercial administrative departments in investigating and handling trademark infringement cases. Based on the above considerations and with reference to the relevant provisions on the powers that industrial and commercial administrative departments can exercise in investigating and handling cases of product quality violations, the new Trademark Law adds this provision.

2. The administrative department for industry and commerce shall meet the following conditions when exercising its powers stipulated in this article: First, the administrative department for industry and commerce at or above the county level has obtained evidence of suspicion of violating the law, or has received reports of infringement of the exclusive right to use a registered trademark Reporting of Behavior. Suspected evidence of illegality refers to objective facts that can basically prove that the perpetrator has committed an act of infringing on the exclusive rights of registered trademarks of others, including documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, appraisal conclusions, inspection records and other relevant evidence. Evidence of legal validity. Second, these powers can only be exercised by the industrial and commercial administrative departments at or above the county level, and cannot be exercised by the industrial and commercial offices of the county-level industrial and commercial administrative departments, nor by the Trademark Office and Trademark Review and Adjudication Board, which are subordinate agencies of the industrial and commercial administrative departments. .

3. The powers that the industrial and commercial administrative departments at or above the county level can exercise to investigate and deal with infringement of the exclusive rights of registered trademarks include the following:

1. Inquiry and investigation power. That is to inquire the relevant parties and investigate the situation related to the infringement of the exclusive rights of others' registered trademarks. When the industrial and commercial administration departments at or above the county level investigate and deal with infringement of the exclusive right to use registered trademarks, they may go to the residence, workplace, or production and business premises of the relevant party to question the party, or order the party concerned to go to a designated place for questioning, and require the party to disclose the information truthfully provide the facts to the industrial and commercial administration department to investigate the situation related to the infringement of registered trademark rights. An inquiry transcript shall be prepared and signed or sealed by the interrogator and the person being questioned. Inquiries are not limited to those who are directly engaged in activities that infringe the registered trademark rights of others, but also include other persons related to the infringement. The interrogating parties shall not restrict or disguised restrictions on the personal freedom of the person being questioned.

2. Right of inspection and copying. That is to check and copy the parties’ contracts, invoices, account books and other relevant materials related to the infringing activities. Contracts, invoices, accounting books and other relevant materials are evidence of recording economic activities. By reviewing and copying these materials, we can understand whether the parties have committed acts that infringe on the exclusive rights to registered trademarks, the nature of their acts, the severity of the circumstances, and the harmful consequences, which can provide a basis for the industrial and commercial administrative department to make penalty decisions.

Therefore, this article gives the industrial and commercial administrative departments at or above the county level the power to inspect and copy the parties' contracts, invoices, account books and other relevant materials related to infringement activities.

3. Right to on-site inspection. That is, on-site inspections are conducted on the premises where the parties are suspected of engaging in activities that infringe on the exclusive rights of others’ registered trademarks. The places where the parties are suspected of engaging in infringing activities include production and processing places, business places where the infringement is suspected, places where trademarks are printed and sold, places where goods and trademarks are stored, etc. The industrial and commercial administrative departments at or above the county level may send personnel to enter the above-mentioned places and conduct inspections to ascertain facts and obtain evidence. On-site inspections shall not be carried out on residences and other places that are not related to the parties' infringement activities.

4. The right to inspect items and to seize and detain items. That is, items related to infringing activities are inspected; items that are proven to infringe the exclusive rights of others' registered trademarks can be sealed or detained if there is evidence. Inspection of items related to infringement activities refers to the inspection of products, packaging, and trademark logos related to infringement activities. If necessary, the items can be inspected to find out whether the items are items that infringe the exclusive rights of registered trademarks. . The so-called sealing means that the industrial and commercial administrative departments at or above the county level take seals or other necessary measures to seal infringing items on the spot; no unit or individual may unseal, transfer or use them without permission. The so-called seizure means that the industrial and commercial administrative department at or above the county level moves the infringing items to another place for detention and sealing. What needs to be pointed out here is that the adoption of sealing and detaining measures will have a great impact on the parties concerned. The industrial and commercial administration departments at or above the county level must be cautious when deciding to take this measure. There must be evidence to prove that the items infringe the exclusive rights of others' registered trademarks. This measure can only be taken under certain circumstances, and cannot be taken based on subjective guesses or reports from others. After sealing or detaining measures are taken, the industrial and commercial administrative departments at or above the county level shall promptly conduct inspection or appraisal, and make further processing in a timely manner based on the inspection or appraisal results. If it is found that the measures of sealing up or detaining are improper, the measures of sealing up or detaining shall be lifted immediately.

4. When the industrial and commercial administrative department exercises its powers stipulated in this article in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. The administrative departments for industry and commerce shall exercise their powers in accordance with the law and shall be protected by law. Relevant parties shall provide assistance and cooperation, accept inquiries and investigations, truthfully provide relevant information and information, cooperate with the administrative departments for industry and commerce in inspecting relevant places and items, and reviewing and copying relevant information. They shall not use any means to Refusing for any reason, or even using violence, threats or other means to obstruct the industrial and commercial administration departments from exercising their powers in accordance with the law.