In large and small infringement cases, many infringements are caused by consumers purchasing fake and shoddy products. So what are the penalties and procedures for these low-quality counterfeit products? Bajie Intellectual Property Trademark Transfer Network will analyze it for you:

To put it simply, once discovered, the main process is: fines and confiscation of counterfeit and shoddy goods. Those with serious circumstances will also bear corresponding legal liability. For example, last year (May 19, 2017), a trademark infringement case occurred in Bengbu, Anhui Province. It was because inspectors found that there were uninstalled registration plates with the word "Shanghai Lianggong Valve Factory Co., Ltd." and "工" on a project site. 75 valves bearing the trademark were later identified as infringing products. Subsequently, the staff ordered the parties to immediately stop the infringement, confiscated 75 valves that had not yet been installed and used and infringed the registered trademark "Gong", and imposed an administrative fine of 200,000 yuan. punishment.

To be more specific, there are many situations, and the penalties are different in different situations.

According to the Product Quality Act, the penalty amount should be between 1 and 3 times the value of the goods.

As for trademark infringement, Article 13, when the people's court determines the infringer's liability for compensation in accordance with the provisions of Article 56, paragraph 1, of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the right holder. Article 14 The benefits obtained from infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law can be calculated based on the product of the sales volume of the infringing product and the unit profit of the product; if the unit profit of the product cannot be ascertained, the benefits obtained from the infringement shall be calculated based on the product of the registered trademark product. Unit profit calculation.

Losses suffered due to infringement can be calculated based on the reduction in sales of the goods caused by the infringement or the product of the sales volume of the infringing goods and the unit profit of the registered trademark goods.

If it is difficult to determine the benefits gained by the infringer due to the infringement or the losses suffered by the infringed party due to the infringement, the People's Court may apply Article 56 of the Trademark Law at the request of the parties or ex officio. The provisions of paragraph 2 determine the amount of compensation.

When determining the amount of compensation, the People's Court shall consider the nature, duration, and consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the type, time, and scope of the trademark license and the prohibition of the infringement. Reasonable expenses and other factors are comprehensively determined. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation.

If the parties reach an agreement on the amount of compensation in accordance with the provisions of paragraph 1 of this article, it shall be allowed.

Article 17 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the reasonable expenses of the right holder or the authorized agent to investigate and collect evidence on the infringement.

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