it may involve a criminal offence. Trademark infringement generally bears civil liability, such as compensation for losses, apology, etc. However, if trademark infringement constitutes a crime, it should bear criminal liability in addition to civil liability. According to the current laws of our country, anyone who, without permission, uses the same or similar trademarks or sells goods that he knows are counterfeit registered trademarks should bear criminal responsibility.
1. Is there any criminal responsibility for trademark infringement?
(1) Trademark infringement is generally not subject to criminal responsibility, and it will involve civil compensation and administrative punishment.
(2) However, if the perpetrator uses the same trademark as the registered trademark on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined. If he sells goods that he knows are counterfeit registered trademarks and the sales amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or shall only be fined.
second, the liabilities for trademark infringement include civil liability, administrative liability and criminal liability?
(1) Civil liability for trademark infringement:
(2) Administrative liability for trademark infringement:
(3) Criminal liability:
Legal basis:
Article 12 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.