processing with supplied materials, also known as "processing trade with supplied materials", refers to the behavior that a foreign buyer provides all raw materials, auxiliary materials, spare parts, components, accessories and packaging materials, provides equipment when necessary, and the processing unit of the undertaker processes and assembles the finished products according to the requirements of the foreign trader, then the finished products are sold by the foreign trader, and the undertaker collects the labor fees, and finally pays the price of the equipment provided by the foreign trader and the labor expenses of the undertaker.
Features of processing with materials:
1. When processing with materials, you don't need to pay foreign exchange, and the imported materials are provided by foreign businessmen rather than purchased by us, while the processing with materials is that the business unit uses foreign exchange to purchase imported materials.
2. The ownership of processing materials provided by foreign businessmen and finished products processed from materials belongs to the foreign-operated enterprises, which process them by themselves or through "processing enterprises" according to the requirements of foreign businessmen, and they have no right to dispose of the goods. In the feed processing business, the business unit purchases imported materials and has the ownership of the goods.
to sum up, processing with supplied materials refers to the processing trade in which imported materials and parts are provided by foreign businessmen, foreign exchange is not paid at the time of import, finished products are sold by foreign businessmen, and processing fees are charged by operating enterprises. The ownership and income rights of imported raw materials belong to foreign businessmen.
Legal basis:
Article 62 of the Trademark Law of the People's Republic of China
The administrative department for industry and commerce at or above the county level may exercise the following functions and powers when investigating and dealing with acts suspected of infringing upon the exclusive right to use a registered trademark of others:
(1) Ask the relevant parties and investigate the situation related to the infringement of the exclusive right to use a registered trademark of others;
(2) consulting and copying the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties;
(3) conducting on-site inspection of the places where the parties are suspected of engaging in activities infringing upon the exclusive right to use registered trademarks of others;
(4) inspecting articles related to infringement activities; Articles that are proved by evidence to infringe upon the exclusive right to use a registered trademark of others may be sealed up or detained.
when the administrative department for industry and commerce exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
in the process of investigating trademark infringement cases, if there is a dispute over trademark ownership or the obligee brings a trademark infringement lawsuit to the people's court at the same time, the administrative department for industry and commerce may suspend the investigation of the case. After the reasons for suspension are eliminated, the procedure for investigating and handling cases shall be resumed or terminated.
Article 63
The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at least one time but not more than five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
if it is difficult to determine the actual losses suffered by the obligee due to infringement, the benefits gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court will award compensation of less than 5 million yuan according to the circumstances of the infringement.