Those who are sued for appearance patent infringement will be ordered to stop using the trademark, and the goods with the trademark will be confiscated and destroyed. If the negotiation fails, the parties can sue in court or initiate a request to the industrial and commercial administration department. Generally, the infringing behavior will be ordered to stop and a fine will be imposed.
1. What will happen if you are sued for appearance patent infringement? If you are sued for appearance patent infringement, you will be ordered to stop using the trademark: 1. Order to stop the infringement immediately; 2. Order to stop sales immediately; 3. Confiscate and destroy the infringing trademark. Products and tools specifically used to manufacture infringing goods and counterfeit registered trademarks; 4. Seize and destroy infringing trademarks; 5. For those who infringe the exclusive rights of registered trademarks and do not constitute a crime, the industrial and commercial administration authorities may impose illegal business operations according to the circumstances. A fine of not more than 50% of the total amount or not more than five times the profits obtained from the infringement; a fine of not more than 10,000 yuan may be imposed on the directly responsible person of the unit that infringes the exclusive right to use a registered trademark. 6. At the request of the parties, mediation can be conducted on the amount of compensation for infringement. If mediation fails, the parties can file a lawsuit in the People's Court. How to calculate the amount of compensation for infringement of the exclusive right to use a trademark? Article 56 of the newly revised Trademark Law clearly stipulates: "The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period. Or The losses suffered by the infringed party due to the infringement during the period of infringement include the reasonable expenses paid by the infringed party to stop the infringement, as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement which are difficult to determine. According to the circumstances of the infringement, the people's court shall award a compensation of less than 500,000 yuan. ”
2. Related knowledge: Trademark infringement that constitutes a crime will result in serious criminal liability. It constitutes a serious harm to society and is of a criminal nature. Due to corresponding criminal liability, counterfeiting of trademarks is a relatively serious act among trademark infringements. If the act of counterfeiting a trademark constitutes a crime, criminal liability shall be investigated by the judicial authorities. The crime of counterfeiting trademarks has the following characteristics: 1. The subjects of the crime of counterfeiting trademarks are natural foreigners, individual industrial and commercial households, various enterprises, institutions, and foreign enterprises who have reached the legal age of responsibility and have the ability to act. 2. The objects of the crime of counterfeiting trademarks are the trademark exclusive rights of registered trademark owners and the country’s normal trademark management order. 3. The subjective aspect of the crime of counterfeiting trademarks is that the perpetrator must be intentional. Different purposes and motives do not affect the constitution of the crime, but negligence does not constitute a crime. 4. The objective aspect of the crime of counterfeiting trademarks is that the perpetrator has committed the act of counterfeiting trademarks. The above four characteristics must be present at the same time, and the specific behavior must meet the judicial authorities' filing standards for the crime of counterfeiting trademarks, in order to constitute the crime of trademark counterfeiting. According to the newly revised Criminal Procedure Law, the public security organs are responsible for the investigation of crimes of counterfeiting trademarks. To sum up, those accused of design patent infringement will be ordered to stop using the trademark, and the infringer will generally be required to immediately stop the infringement, confiscate or destroy the infringing goods, and fine the infringer. The infringed party should be compensated.