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What if the product is duplicated and the defendant infringes?

Legal analysis: 1. Self-negotiation. If the two parties can reconcile after the infringement, it will not only enable the trademark owner to realize and safeguard his rights and interests quickly and effectively, but also prevent the infringer from damaging his reputation. Unwilling to negotiate or failing to do so, the parties may directly bring a civil lawsuit to the court.

second, mediation. Mediation is not a necessary procedure to resolve copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement or repent after mediation, they can directly bring a lawsuit to the court.

III. Giving Administrative Punishment

After accepting a trademark infringement case, the administrative department for industry and commerce at or above the county level will stop the infringement through investigation and evidence collection, and make administrative punishment according to the infringer's illegal facts and seriousness. Specific punishment measures include:

1. Ordering to stop selling immediately

2. Inviting and destroying the infringing trademark logo

3. Eliminating the infringing trademark on the existing trademark

4. Inviting molds, printing plates or other crime tools directly used for trademark infringement

5. Ordering and supervising the destruction of goods

6. According to the circumstances, imposing a penalty of less than 5% of the illegal business amount or.

iv. litigation solution

jurisdiction. Trademark infringement cases may be under the jurisdiction of the people's court in the place where the infringement is committed or where the infringer is located. In this regard, the infringer can choose the place where the infringement is committed or the people's court where the infringer is located to sue. At the same time, due to the complexity of trademark infringement cases, at present, the Supreme People's Court has designated the Intermediate People's Court as the jurisdiction.

the people's court adopts civil sanctions to deal with general trademark infringement cases. Based on the right of prohibition, loss compensation, restitution of improper interests and restoration of reputation exercised by the infringed, the people's court may adopt the following measures alone or in combination:

1. Order the infringer to stop the infringement immediately. Articles that constitute infringement can be destroyed, equipment used for infringement can be dismantled, and tools and templates directly used for infringement can be invited

2. The influence can be eliminated, and the reputation of the infringed can be restored, such as ordering the infringed to publish an apology statement in newspapers and magazines, so as to restore the business reputation of the infringed

3. Compensation for the losses of the infringed can be calculated by the profits gained by the infringer during the infringement period or the infringed in the past. In addition, the infringer should also pay compensation for the expenses incurred by the infringer in investigation, evidence collection, and hiring an agent ad litem or a non-agent ad litem

4. In addition to the above-mentioned main measures, the people's court can also take measures such as admonition, ordering a statement of repentance, confiscation of illegal income, fine or detention.

Legal basis: Article 6 of the Patent Law of the People's Republic of China, if the patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs decides that the infringement is established, it may order the infringer to stop the infringement immediately. If the party concerned refuses to accept the decision, it may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.