Trademark Office: What are the joint and several liabilities for trademark infringement?
I. Joint and several liability for trademark infringement Joint and several liability for trademark infringement refers to trademark infringement, which usually refers to the act of two or more legal persons or natural persons (including unincorporated organizations and individual partnerships) violating the provisions of trademark management laws and regulations and infringing on the exclusive right of others to register a trademark. Article 130 of the General Principles of Civil Law stipulates: "If two or more persons infringe upon each other and cause damage to others, they shall be jointly and severally liable." 1, this article is about the tort system. Its purpose is to determine the distribution of responsibility when many people cause damage to others. 2, * * with tort refers to two or more people * * * with the implementation of tort causing damage to others. 3. To constitute a joint infringement of * * *, the following conditions shall be met: (1) The subject of the joint infringement of * * * must be two or more persons. When there is only one actor, joint tort cannot be established. The actor can be a natural person or a legal person. (2) In the constitutive requirements of a crime, "* * * cooperates with the implementation of tort" mainly includes three meanings: 1. * * cooperates intentionally. A variety of theories have been introduced above. No matter what kind of theory scholars adopt, they all agree that if several actors intentionally infringe upon the legitimate rights and interests of others on the basis of * *, they should establish * * accomplice tort. Second, * * * is at fault. "* * * is at fault" mainly means that several actors * * * engage in certain behaviors, which are based on the fault of * * * and cause damage to others. Third, the combination of intentional behavior and negligent behavior. (3) There is a causal relationship between the tort and the damage consequences. In the same tort, sometimes the proportion of each tort to the damage consequences is different, but there must be a legal causal relationship. If there is no causal relationship between an actor's behavior and the damage consequences, it should not constitute a joint infringement with other actors. (4) the victim has damage, which is a basic requirement for the victim to ask the offender to bear tort liability. There is no remedy without damage, and tort liability cannot be established without damage. 4. If * * * infringes with others and causes damage, * * * shall be jointly and severally liable with the infringer. * * * The difference between the same tort and general tort lies in the diversity of its subject and joint liability. All countries have regulations on * * * and tort. The provisions of the General Principles of Civil Law in China are relatively simple, and it is easy to dispute the determination of * * * infringement. The reason why legislation is vague is to protect the interests of victims. The provisions of this article on * * * infringement are formulated on the basis of comprehensive investigation of the evolution of legislative cases and judicial practice in other countries and regions, combined with the actual situation in China. The expression "* * * with the implementation of infringement" is basically consistent with the expression in Article 130 of the General Principles of Civil Law, and can be interpreted as limited or expanded according to the needs of social development, which is convenient for judicial practice to grasp flexibly. It should be noted that in China, the scope of application of * * * and tort and joint and several liability does not completely coincide. There are several other reasons why people are jointly and severally liable. For example, Article 5 1 of the Law stipulates that the assignor and assignee who assemble or scrap motor vehicles shall bear joint and several liabilities. Article 74 stipulates that the owners and managers of highly dangerous goods shall bear joint and several liability. Second, the constitutive conditions of trademark infringement include the following four constitutive elements, which constitute the commodity infringement of selling counterfeit registered trademarks: 1. There must be an illegal act, that is, the actor has carried out the act of selling goods with counterfeit registered trademarks. 2, there must be damage facts, that is to say, the behavior of selling counterfeit trademark goods implemented by the actor has caused the damage consequences of the trademark owner. Selling goods with counterfeit registered trademarks of others will cause serious property losses to the obligee, and at the same time, it will also bring goodwill damage to the units enjoying registered trademarks. Property loss and goodwill damage are both damage facts. 3. The subjective fault of the actor refers to the fact that the actor already knows or should know that the goods sold are counterfeit registered trademarks. 4. There must be a causal relationship between the illegal behavior and the damage result, that is, there is a causal relationship between the illegal sales behavior and the damage result caused by the trademark owner.