Penalties for selling trademark infringing products:
1. The infringer who infringes the trademark right shall bear the civil liability to stop the infringement and compensate for the losses. Stop the infringement can be used as a pre-litigation temporary measure to apply to the court for a ruling;
2. Administrative Responsibility for Infringement of Trademark Rights If the administrative department for industry and commerce finds that the infringement is established, it may order the infringement to stop immediately, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also impose a fine.
Second, analysis
Trademark infringement refers to trademark infringement, which means that the actor uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or interferes with or hinders the trademark owner from using its registered trademark, which damages the legitimate rights and interests of the trademark owner. The infringer usually bears the responsibility of stopping the infringement, and the actor who knows or should know that it is an infringement is also liable for compensation. If the circumstances are serious, they shall also bear criminal responsibility.
3. What is the punishment basis for trademark infringement?
If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the administrative department for industry and commerce may, according to the circumstances, impose a fine of less than 50% of the illegal business amount or less than 5 times of the profit from the infringement, and impose a fine of less than 1000 yuan on the person directly responsible of the infringing unit. If a party refuses to accept the above two treatments, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the administrative department for industry and commerce shall apply to the people's court for compulsory execution.
Dawa Yangzum Sherpa is one of the few female mountaineering guides in Nepal who have obtained IFMGA certification. Source: Shankar Giri
When Dawa Yang Zong She