Fake international brand products can usually make high profits. And because of the brand effect, sales are easier. Driven by high profits, illegal acts of infringing or counterfeiting high-quality brand-name products are repeatedly prohibited.
2. The existing policies and regulations are flawed, and the law enforcement is insufficient.
In recent years, in order to regulate the market, although the number of policies and regulations in China has gradually increased, there is still no complete and systematic law and regulations to confirm the name, status, power and system of market law enforcement and supervision and management institutions.
Lack of administrative law enforcement means makes it difficult to deter criminals. As an important law enforcement department of trademark infringement, the current industrial and commercial administration system is still not suitable for strict administration according to law, administrative rule of law construction and economic development.
Many consumers prefer the brand to the product itself, which is also a hotbed of trademark infringement.
Trademarks are used to identify customers from the beginning. When locating this information, the customer only recognizes the brand and does not recognize anything else. In fact, there has been a division of labor in society. Some internationally renowned enterprises, such as the alienation of trademarks, think that it is not worthwhile to set up factories, so they hand over the processing tasks to other manufacturers, while companies try their best to create brands, not necessarily to do the marketing of the whole market. However, some consumers only pay attention to trademarks, ignoring the quality and connotation of goods represented by trademarks, which leads to the popularity of some marginal products in the market.
Legal liability of trademark infringement
1, administrative responsibility.
According to Article 53 of the Trademark Law and Article 43 of the Detailed Rules for the Implementation of the Trademark Law, the administrative department for industry and commerce may take the following measures to punish the infringement of the exclusive right to use a registered trademark.
(1) ordered to stop the infringement. Specific measures are as follows:
(1) ordered to stop selling immediately;
(2) Confiscating and destroying infringing articles;
(3) Confiscating and destroying tools specially used for manufacturing infringing goods and forging registered trademarks.
(2) Impose a fine.
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.
2. Civil liability
According to Article 118 of the General Principles of the Civil Law, if the trademark right is infringed, it has the right to demand to stop the infringement, eliminate the influence and compensate for the losses. According to Article 53 of the Trademark Law, the infringed may demand that the infringer immediately stop the infringement and compensate the losses. Among them, the amount of tort compensation refers to the benefits gained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the first two are difficult to determine, the people's court will award compensation of less than 500,000 yuan according to the circumstances of infringement.
3. Criminal responsibility
In addition to administrative and civil liabilities, infringement of trademark rights may also constitute the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing registered trademarks, and the crime of selling illegally manufactured registered trademarks.
Ways to deal with trademark infringement
1. Complain or report to the administrative department for industry and commerce at or above the county level where the infringer is located or where the infringement is committed.
2. The infringed person may also directly bring a suit in a people's court, or bring a suit in a people's court if he refuses to accept the handling by the administrative department for industry and commerce.
The difference between the administrative department for industry and commerce and the court in handling trademark infringement cases is mainly manifested in:
(1) The parties requesting processing are different.
According to Article 53 of the Trademark Law and Article 42 of the Detailed Rules for the Implementation of the Trademark Law, anyone, whether the infringed or anyone other than the infringed, can sue or report trademark infringement to the administrative department for industry and commerce. The party requesting the people's court to handle a trademark infringement case must be the infringed party. The court does not accept the prosecution of others.
(2) The requirements for the defendant are different.
When accepting trademark infringement cases, the administrative department for industry and commerce only requires the existence of infringement facts, and the defendant may not be very clear; When the people's court requests the infringer to sue, it must provide a clear defendant, otherwise it will not be accepted.
(3) The principle of acceptance is different.
Starting from protecting consumers' interests, stopping unfair competition and maintaining normal social and economic order, the administrative department for industry and commerce should "actively investigate and deal with" trademark infringement even if no one accuses or reports it. The people's courts practice the principle of "not suing and ignoring". A trademark infringement case shall not be accepted by the people's court unless it is prosecuted by the infringer.