How to punish the infringement of the mode of selling goods? 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 the profit from the infringement; The person directly responsible for the infringing unit may be fined up to 6,543.8+0,000 yuan according to the circumstances. Article 60 of the Trademark Law of People's Republic of China (PRC) stipulates that 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 the dispute 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.

The design of a product of our company has been infringed. What do we do? First, how to identify design infringement.

Generally speaking, if the design patent is valid and the annual fee is paid on time, then the patent is valid. As long as the products produced by the defendant are similar in appearance to the appended drawings (six pictures) of the design patent certificate, they can be regarded as infringement.

The defendant's general countermeasures are:

(1) If the patent is invalid during the defense period, the court of first instance will suspend the trial. Both the original defendant and the defendant need to go to the Patent Reexamination Board of the State Intellectual Property Office for litigation to determine the validity of the patent, and the Patent Reexamination Board of the State Intellectual Property Office will make a decision. After the court of first instance got the judgment, it resumed the trial, which is the "two lawsuits" of the patent.

(2) The defendant will argue that his prior use constitutes infringement, because the patent law stipulates that prior use does not constitute infringement.

Second, how to calculate the amount of compensation for design infringement

1, determined according to the actual losses suffered by the obligee due to infringement. The calculation formula of this method is: the total sales reduction caused by infringement by the patentee multiplied by the profit of each patented product.

2, according to the interests of the infringer due to infringement. The general calculation formula of this method is: the total sales of infringing products multiplied by the reasonable profit of each product.

3, refer to the multiple of the patent license fee. As for "several times", the patent law does not stipulate. According to the provisions of the Judicial Interpretation of the Supreme Court on Trial of Patent Disputes (Law Interpretation 200 1 No.2 1), it is determined to be1to 3 times.

4. Legal compensation amount. The patent law stipulates that the upper limit is 6,543,800 yuan and the lower limit is 6,543,800 yuan.

When using the above three methods to calculate the amount of compensation for patent infringement, it should generally include the reasonable expenses paid by the right holder to stop the infringement, including the expenses of investigation and evidence collection and the expenses of hiring a lawyer.

In practice, only after the design patent infringement is determined can the infringer be investigated for legal responsibility according to law.

Legal analysis of product picture infringement: stealing product pictures is an infringement. Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through the information network without the permission of the copyright owner constitute copyright infringement. If there is evidence to prove that the company or individual owns the copyright of the photo or written work, it can send a warning letter to the infringer and ask him to delete the infringing photos and contents on the relevant website, or it can resort to law and ask the infringer to compensate for the losses.

Legal basis: Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.