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Handling methods of trademark infringement cases
There are three ways to solve trademark infringement disputes: the parties negotiate to solve them, the trademark registrant or interested party brings a lawsuit to the court, or requests the relevant administrative department to handle them. In China, the administrative department for industry and commerce has the right to identify infringement, take law enforcement measures, order it to stop, confiscate and destroy infringing goods and tools specially used to manufacture infringing goods and forge registered trademarks, and may also impose a fine. If a party refuses to accept the administrative decision to stop the infringement, it may bring an administrative lawsuit according to law; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. It is simple and effective to solve trademark infringement disputes through administrative organs, but it is impossible for the infringed to obtain civil compensation through such administrative investigation. The administrative department can only mediate on civil compensation in the process of investigation. If the two sides can't reach an agreement, the infringed party still wants civil compensation and can only bring a lawsuit to the people's court. Once an infringement occurs, the infringed person can also directly file an infringement lawsuit with the people's court, and litigation is the ultimate solution. Even if the case has been handled by the administrative department for industry and commerce, the parties can still bring a lawsuit to the people's court and make various requests for civil relief through judicial channels.