First, how to punish packaging infringement
Packaging infringement may involve civil intellectual property tort liability and criminal liability. The amount of civil compensation for packaging infringement depends on the losses suffered by the infringed operator. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests.
If it is investigated and dealt with by the industrial and commercial authorities, a fine of more than one time and less than three times the illegal income shall be imposed according to the circumstances; If the circumstances are serious, the business license may be revoked; If selling fake and inferior commodities constitutes a crime, criminal responsibility shall be investigated according to law. Sentencing shall be carried out in accordance with the provisions of Article 140th of the Criminal Law of People's Republic of China (PRC). If only the infringed person files a civil lawsuit, there will generally be no such punishment.
Article 140 of the Criminal Code of People's Republic of China (PRC).
Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
2. What are the criteria for judging packaging trademark infringement?
The criterion for judging the infringement of packaging trademarks is that the products produced are similar in appearance to the attached drawings of the design patent certificate, which can be considered as infringement. Generally speaking, if the design patent is valid and the annual fee is paid on time, then the patent is valid.
Article 67 of the Trademark Law If a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated according to law in addition to compensation for the losses of the infringed party.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.