Trademark infringement is under the jurisdiction of the industrial and commercial administration department.
If trademark infringement causes damage to the interests of the victim, you can report the case to the industrial trademark management department. If the circumstances are serious enough to constitute a crime, you can report the case to the public security organ. When the industrial and commercial administrative department handles trademark infringement disputes and determines that the infringement is established, it will order the infringer to stop the infringement, confiscate and destroy the infringing goods and tools, and impose a fine. In addition, you can also approach the People's Court, which will rule on the infringer to bear civil legal responsibilities such as stopping the infringement, removing obstacles, making an apology, and compensating for losses.
When the industrial and commercial administration departments at or above the county level investigate and deal with suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations, they may exercise the following powers:
1. Question the relevant parties and investigate the situation related to the infringement of the exclusive rights of others’ registered trademarks;
2. Check and copy the contracts, invoices, account books and other relevant materials of the parties related to the infringing activities;
3. Conduct on-site inspections of places where the parties are suspected of infringing on the exclusive rights to registered trademarks of others;
4. Inspect items related to infringing activities; Items may be seized or seized.
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. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.
Article 61 of the "Trademark Law of the People's Republic of China" The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive rights to registered trademarks in accordance with the law; if a crime is suspected, it shall be transferred to the judicial authority in a timely manner Deal with it according to law.
Article 62: The industrial and commercial administrative department at or above the county level may exercise the following powers when investigating and punishing suspected infringement of other people’s exclusive rights to registered trademarks based on obtained evidence or reports of suspected violations of law:
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(1) Question the relevant parties and investigate the situation related to infringement of the exclusive rights of others’ registered trademarks;
(2) Check and copy the parties’ contracts, invoices, account books and other matters related to the infringing activities Relevant information;
(3) Conduct on-site inspections of places where parties are suspected of engaging in activities that infringe the exclusive rights of registered trademarks of others;
(4) Inspect items related to infringing activities; Articles that are proved by evidence to infringe the exclusive rights of others' registered trademarks may be sealed or seized.
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.
In the process of investigating and handling trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the people's court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.