The new "Trademark Law" stipulates the procedure for self-negotiation and settlement of trademark infringement disputes. Its purpose is:

First, in view of the fact that some infringements only infringe on the interests of the registrant and do not If others cause damage, the registrant can negotiate on its own to resolve the resulting disputes.

Second, it can appropriately reduce the energy invested by parties involved in trademark disputes in resolving disputes.

Third, the parties negotiated to reduce the number of trademark cases, allowing law enforcement agencies to make more effective use of existing law enforcement resources. However, it should be noted that self-negotiated trademark infringement disputes are first and foremost disputes that do not constitute criminal offenses. Those whose main business is counterfeiting other people’s registered trademarks and whose amount reaches the standard for criminal filing must be held criminally responsible.

Secondly, in dispute cases resolved through self-negotiation, if the infringement is generally relatively minor and the consequences are not serious, administrative penalties can be exempted, that is, administrative liability can be exempted.

Thirdly, the main purpose of investigating and punishing infringements is to protect the civil rights and interests of the right holder from infringement. Solving the problem through negotiation means that the right holder himself has believed that no harm has been caused to this right or that the consequences of the harm are not serious. The right to pursue civil liability against the infringer has been waived.

In law enforcement practice, the following principles can be followed:

1. Except for cases where trademark registrants complain, under normal circumstances, industrial and commercial authorities do not take the initiative to request trademark infringement cases. The parties negotiate. If the parties take the initiative to request negotiation, they can be given a certain period of time to negotiate on their own. If no evidence of a negotiated settlement is provided within the expiration date, it should be handled administratively as a trademark infringement case.

2. When the industrial and commercial authorities accept a complaint from a trademark right holder, it shall be deemed that the right holder has given up on negotiation or has failed to reach an agreement, and the industrial and commercial department that filed the case will no longer take the initiative to conduct negotiation and reconciliation between the parties.

3. If the industrial and commercial authorities that have filed a case for a trademark dispute respond to the request of the parties involved and the parties involved agree to settle through negotiation before making an administrative decision on the case, if the settlement does not endanger the society, In the interests of the public, the industrial and commercial authorities may withdraw the case (dismissal) upon written request.