Legal subjectivity: We all know that cracking down on counterfeiting is now a top priority for the country, and a large number of illegal infringements have been uncovered. So how does the state deal with counterfeited well-known trademarks? The treatment of enterprises generally includes the following three aspects:
1. Well-known trademarks obtained by relevant enterprises through counterfeiting should be revoked, and they cannot be allowed to continue to steal names and deceive them. Shi
According to the report of "Southern Weekend": Qin Feng, the former deputy president and president of the Second Civil Tribunal of the Intermediate People's Court of Xiangtan City, Hunan Province, took advantage of his position to investigate the cases of Zhejiang Sawlihuang Sawing Machine Company and Zhejiang Bank. In the trademark litigation cases involving Er Group, Zhejiang Good Luck Wood Industry Company, and Jiangsu Tianxiang Group, he accepted the intermediary’s favor fee, knowing that the plaintiff company had made perjury but still accepted it; Huang, who once served as the vice president of the Third Civil Division of the Xiangtan Intermediate People’s Court After Wei recognized the trademarks of Shandong Lanjun Group, Zhejiang Hezi Food Company, and Yuemei Group as well-known trademarks in China, he accepted benefits fees of 390,000 yuan, 450,000 yuan, and 400,000 yuan respectively from the three companies. Now that Qin Feng and Huang Wei have been punished, it is obvious that the well-known trademarks obtained by the above-mentioned companies through counterfeiting should also be revoked. They can no longer be allowed to continue to undermine market fairness and deceive consumers.
2. Government rewards defrauded by relevant enterprises by using fake well-known trademarks should be recovered
For example: In 2008, after Shandong Lanjun Group obtained well-known trademarks through counterfeiting, it also obtained the Zibo Municipal Government Rewards of hundreds of thousands of dollars. In various parts of Zhejiang, there is also a "custom" for the government to reward well-known trademarks. The government's reward for fake well-known trademarks is equivalent to using people's money to "reward" companies for fooling people. Obviously, these rewards should be withdrawn by the local government.
3. Legal Sanctions
In the "well-known trademark counterfeiting case", the relevant companies paid benefits to relevant lawyers and judges. They were suspected of bribery and violated the law, so they should be subject to corresponding legal sanctions. . We must know that giving and receiving bribes are two sides of the same coin. We cannot only punish the bribe takers but indulge the bribe givers. The law is objective: "Labor Contract Law of the People's Republic of China"
Article 39 If the employer unilaterally terminates the labor contract (dismissal due to negligence) and the employee has one of the following circumstances, the employer may Termination of labor contract:
(1) If proven not to meet the employment conditions during the probation period;
(2) Serious violation of the employer’s rules and regulations;
(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer;
(4) The employee establishes labor relations with other employers at the same time, causing serious impact on the completion of the work tasks of the unit, Or refuses to make corrections after being proposed by the employer;
(5) The labor contract is invalid due to the circumstances specified in Article 26, Paragraph 1, Item 1 of this Law;
(6) Being held criminally responsible according to law.
"Interim Provisions on Wage Payment"
Article 16 If the employee causes economic losses to the employer due to his own fault, the employer may require him to compensate for the economic losses in accordance with the labor contract. . Compensation for economic losses can be deducted from the worker's salary. However, the monthly deduction shall not exceed 20% of the employee's monthly salary. If the remaining salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.