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New regulations on trademark infringement in the Civil Code 2021?

Trademark infringement is not regulated by the Civil Code.

The Civil Code does not care about trademark infringement. Trademark infringement is governed by trademark law. There are two ways to deal with trademark infringement:

1. Administrative penalty. After receiving trademark infringement cases at or above the county level, the industrial and commercial administration departments at or above the county level will stop the infringement through investigation and evidence collection and on the premise of determining the facts, and impose administrative penalties based on the infringer's illegal facts and the severity of the circumstances. Specific punishment measures include:

1. Order to stop sales immediately;

2. Invite and destroy infringing trademark logos;

3. Eliminate existing trademarks Infringing trademarks;

4. Inviting molds, printing plates or other crime tools directly used for trademark infringement;

5. Ordering and supervising the destruction of items;

6. Depending on the circumstances, a fine of not more than 50% of the illegal business volume or not more than five times of the profits obtained from the infringement shall be imposed, and the infringer may be ordered to compensate the infringed party for the losses.

2. The infringed party can go to court to sue, requesting an end to the infringement, an apology, and compensation for losses.

1. Using signs that are identical or similar to others’ registered trademarks as product names or decorations on the same or similar goods to mislead the public;

2. Intentional infringement Others’ registered trademark exclusive rights provide convenient conditions for warehousing, transportation, mailing, concealment, etc.;

3. Use words that are the same or similar to others’ registered trademarks as the company’s trade name or on the same or similar goods. Prominently used, which may easily lead to misunderstanding by the relevant public;

4. Register words that are the same as or similar to others’ registered trademarks as domain names, and conduct e-commerce activities related to commodity transactions through the domain names, which may easily lead to misunderstandings. The relevant public is misunderstood.