The specific amount of the fine should be determined by the local industrial and commercial administration department, and this is stipulated in Article 60 of the Trademark Law of the People's Republic of China, not Article 62. If the parties have a dispute over the amount of compensation, they can mediate with the local industrial and commercial administration department. If the mediation is unsuccessful, they can also file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
According to Article 60 of the Trademark Law of the People's Republic of China, any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law and any disputes arising therefrom shall be settled through negotiation between the parties. ; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
If the industrial and commercial administrative 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, you will be ordered to stop selling by the industrial and commercial administration department.
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.
Extended information:
If the following four elements are met, it constitutes an infringement of selling goods with counterfeit registered trademarks:
1. There must be illegal behavior, which means that the perpetrator has sold counterfeit registered trademark goods;
2. There must be a fact of damage, which means that the perpetrator's behavior of selling counterfeit trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3. The offender is subjectively at fault, which means that the offender already knew or should have known that the goods sold were goods with counterfeit registered trademarks.
4． There must be a causal relationship between the illegal act and the damage, which means that there is a causal relationship between the illegal actor's sales behavior and the damage caused to the trademark owner.
Reasons for infringement
1. The lure of high profits. Counterfeiting international brand products can usually lead to high profits. And because of the brand effect, sales are easier. Driven by high profits, illegal activities such as infringement or counterfeiting of high-quality brand-name products are repeatedly prohibited.
2． Current policies and regulations are flawed and enforcement is insufficient. In recent years, in order to regulate the market, although the number of policies, regulations and legislation in our country has gradually increased, there is still no complete and systematic laws and regulations to confirm the name, status, authority and system of market law enforcement and supervision and management agencies.
The lack of administrative law enforcement means makes it difficult to deter lawbreakers. As an important law enforcement department for trademark infringement, the current industrial and commercial administration system is still incompatible with strict administration according to law, the establishment of administrative rule of law, and economic development.
3. Many consumers prefer brands rather than the products themselves, which is also a breeding ground for trademark infringement.
Trademarks are used to be recognized by customers from the beginning. Once this information is positioned, customers will only recognize the brand and not care about anything else.
In fact, division of labor has occurred in society, and trademarks have begun to alienate. Some well-known international companies such as "PRADA" and "LANCOME" believe that it is uneconomical to set up factories, so they hand over the processing tasks to other producers. The company is trying its best to create brands and does not Be sure to market the entire market.
However, some consumers only pay attention to trademarks and ignore the quality and connotation of the goods represented by trademarks, resulting in some marginal products becoming popular in the market.