Selling a product knowingly knowing that it is an infringing product is an infringement of trademark rights and requires compensation for losses, confiscation of illegal gains, and a fine. If a crime is constituted, criminal liability will be pursued.
(1) Selling goods that are not known to infringe the exclusive rights of registered trademarks
It should be noted that producers of goods that infringe the exclusive rights of registered trademarks generally do so intentionally, but Sellers of goods that infringe the exclusive rights of a registered trademark may or may not do so intentionally. Therefore, Paragraph 2 of Article 64 of the new Trademark Law stipulates that if you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation.
(2) Selling goods that are known to infringe the exclusive right of a registered trademark
Selling goods that are known to infringe the exclusive right of a registered trademark is an act of infringing the exclusive right of a registered trademark. According to the "Trademark Law" Article 53 of the Trademark Law and Article 43 of the Implementing Rules of the Trademark Law stipulate that the industrial and commercial administrative authorities may take the following measures to impose penalties.
(1) Order to stop infringement
①Order to stop sales immediately;
②Confiscate and destroy infringing goods;
③Confiscate, Destroy tools specifically used to manufacture infringing goods and counterfeit registered trademarks.
(2) Imposition of fines
If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately and confiscate and destroy the infringing goods and those mainly used in the manufacture of infringing goods. , Tools for counterfeiting registered trademarks. If the illegal business volume is more than 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. fine. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them.
If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in 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. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.
(3) Mediate on the amount of compensation for infringement of trademark exclusive rights
The industrial and commercial administrative department that handles the case may, at the request of the parties, mediate on the amount of compensation for infringement of trademark exclusive rights. , if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the law.
Do counterfeit products infringe copyright?
According to the provisions of my country's Copyright Law, if the counterfeit product is only for personal appreciation, it will not infringe copyright. If the counterfeit product is made for the purpose of seeking improper benefits , will infringe copyright.
Anyone who commits the following infringements shall bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses, depending on the circumstances; if it harms the interests of the public at the same time, the copyright administrative department may order it to stop. For infringement, illegal gains will be confiscated, infringing copies will be confiscated and destroyed, and a fine may be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, the Pursuing criminal liability:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this law;
(2) Publish books for which others have exclusive publishing rights;
(3) Reproduce or distribute audio or video recordings of performances without the permission of the performers, or disseminate their performances to the public through information networks, except as otherwise provided for in this law.
To sum up, the above is the editor’s answer to the responsibility for selling infringing goods. I hope it can help you.
Legal Basis
"Trademark Law of the People's Republic of China"
Article 57 Anyone who commits any of the following acts shall be deemed to have infringed upon the registration. Exclusive right to trademark:
(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Without trademark registration Use a trademark that is similar to the registered trademark on the same product, or use a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;
(3) Sales that infringe the registered trademark goods with exclusive rights;
(4) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
(5) Without trademark registration The person agrees to change the registered trademark and put the goods with the changed trademark into the market;
(6) Intentionally providing facilities for infringing the exclusive rights of others’ trademarks and helping others to infringe the exclusive rights of trademarks ;
(7) Causing other damage to the exclusive right to use registered trademarks of others.
Article 60 If any dispute arises due to any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant shall Alternatively, an interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
If the industrial and commercial administration department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 67 If the use of a trademark identical to the registered trademark on the same product without the permission of the trademark registrant constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability will be pursued in accordance with the law.
If a person forges or manufactures a registered trademark of another person without authorization or sells a forged or unauthorized registered trademark, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law.
Whoever knowingly sells goods that are counterfeit registered trademarks constitutes a crime. In addition to compensating the infringed party for their losses, he will also be held criminally responsible in accordance with the law.