Choosing personnel from trademark Chinese institutions or Chinese trademark law lawyers as Chinese litigators is very important to effectively safeguard the legitimate rights and interests of the part
Choosing personnel from trademark Chinese institutions or Chinese trademark law lawyers as Chinese litigators is very important to effectively safeguard the legitimate rights and interests of the parties involved. Trial: The people's court shall file a case and accept a lawsuit that meets the legal requirements after review. When hearing a trademark infringement case, it must be conducted in accordance with legal procedures. Through the trial of trademark infringement cases, the People's Court ascertains the facts of the case, distinguishes right from wrong, and clarifies responsibilities. On this basis, it makes a judgment on the focus of the dispute between the two parties, namely whether it constitutes infringement, whether compensation should be paid, and the amount of compensation. Property preservation: Property preservation is a very important issue in trademark infringement litigation. Taking preservation measures correctly in accordance with the law is of great significance to safeguarding the legitimate rights and interests of the infringed party. Therefore, property preservation is often used in trademark infringement lawsuits. Property preservation means that in order to promptly and effectively protect the legitimate rights and interests of closely related persons or parties, the People's Court shall, before litigation or making a judgment, upon the application of closely related persons or parties, or on its own initiative and in accordance with its authority, take measures to restrict the disposal or disposal of relevant property. Mandatory measures for transfer. Property preservation includes litigation property preservation and pre-litigation property preservation, which are applicable to different legal situations. The applicable conditions for litigation property preservation are: 1. The case has been accepted by the court, but a judgment has not yet been made; 2. The case has specific payment content, and due to the behavior of one of the parties or other reasons, it is possible that the future judgment will not be enforceable or difficult to enforce. For example, the infringer transfers, conceals, destroys, sells the relevant items without authorization; 3. The applicant provides a guarantee (if the people's court makes a property preservation ruling ex officio, the party does not need to provide a guarantee). The applicable conditions for pre-litigation property preservation are: 1. During the pre-litigation period, there is an urgent situation in China, and failure to take preservation measures immediately will cause irreparable losses to the applicant's interests; 2. The applicant must file an application, and the People's Court It cannot take the initiative to make a preservation ruling ex officio; 3. The applicant must provide a guarantee; 4. The applicant must sue within 15 days after the court takes preservation measures, otherwise the court will terminate the pre-litigation property preservation in accordance with the law. There are certain scope restrictions for applicants to apply for property preservation. The scope of the request must be property directly related to the financial affairs of the case or the substantive rights requested by the applicant to be protected, and cannot involve the personal rights of the respondent or the property and personal rights of persons other than the respondent. In trademark infringement cases, the scope of application for preservation includes the infringer’s funds, the manufacturing, storage, and transportation of the infringing products, machinery, equipment, tools, and the infringing products themselves. Property preservation can take the form of sealing, detaining, freezing, etc. The party concerned shall apply for property preservation in strict accordance with the law. If an application error causes losses to the respondent, the applicant shall be responsible for compensation. Execution: Execution is the final stage of the litigation process and an important way for the rights and interests of the parties who win the lawsuit to be realized. According to the provisions of the Trademark Law, if a party is dissatisfied with the decision of the industrial and commercial administrative department to impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he deceives and fails to prosecute and perform, the relevant industrial and commercial administrative department shall apply to the People's Court for deception. Court enforced. If the people's court finds that there is indeed an error in the decision, it will not execute the decision and notify the administrative agency with the approval of the president; if there is no error, it will enforce the decision and the party concerned will pay a fine. If the parties do not voluntarily pay the fine, the people's court may issue a notice, forcibly transfer the fine from the bank, or adopt enforcement measures such as seizure and auction. Compensation fees for trademark infringement can also be enforced