Article 5 It is forbidden for counterfeit business operators to engage in market transactions by the following improper means, thus harming competitors:
(a) counterfeiting the registered trademark of others;
(2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity;
(three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods;
(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities.
If there is unfair competition, administrative liability and civil liability can be investigated.
Administrative responsibility. Article 60 of the Trademark Law and Article 2 1 of the Anti-Unfair Competition Law respectively stipulate the administrative punishment standards for administrative law enforcement organs when dealing with trademark infringement and unfair competition disputes.
Article 60 of the Trademark Law? If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less 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 less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier.
Article 21 of the Anti-Unfair Competition Law: Operators who are legally responsible for counterfeiting registered trademarks of others, using the names of others' enterprises without authorization, forging or fraudulently using quality marks such as certification marks and brand-name marks, forging the place of origin, and making misleading false representations about the quality of goods shall be punished in accordance with the provisions of the Trademark Law of People's Republic of China (PRC) and the Trademark Law of People's Republic of China (PRC).
Where an operator uses the unique name, packaging and decoration of a well-known commodity without authorization, or uses a name, packaging and decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities, so that the buyer mistakenly thinks that it is the well-known commodity, the supervision and inspection department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income 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.
Civil liability. Article 20 of the Anti-Unfair Competition Law and Article 63 of the Trademark Law respectively stipulate the civil damages caused by trademark infringement and unfair competition.
Article 20 of the Anti-Unfair Competition Law stipulates that if an operator who is liable for damages violates the provisions of this Law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the losses of the infringed business operator, the amount of compensation shall be the profits 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 the legitimate rights and interests of the infringed business operators are harmed by unfair competition, they may bring a lawsuit to the people's court.
Article 63 of the Trademark Law? The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
? If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement.
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