Subject and jurisdiction of infringed trademark
In trademark infringement litigation, the subject problem is usually closely related to the jurisdiction problem, because the jurisdiction of the case is formally manifested in the different division of labor of different courts in different regions or levels, but in fact it is the jurisdiction over the behavior of the litigation subject. Article 29 of the Civil Procedure Law stipulates that a lawsuit filed for infringement; It shall be under the jurisdiction of the court in the place where the infringement is committed or where the defendant has his domicile. The Supreme People's Court's Opinions on the Application of Several Issues further explains that the place of infringement includes the place where the infringement is committed and the place where the infringement results. The domicile of the defendant and the place of infringement of trademark are relatively easy to understand and determine. The problem is how to understand and identify the result of infringement, which has always been a difficult point in judicial practice. It can be said that there have been different understandings since the trial practice of trademark cases in China was carried out. Recently, there is a view that when the court determines the jurisdiction according to the place where the infringement result occurs, the place where the infringement result occurs refers to the place where the infringement direct result occurs. The sales behavior of the manufacturer accused of infringing goods directly leads to the arrival of the goods, and the sales behavior of the seller accused of infringing goods directly leads to the arrival of the goods, which is the direct result of the infringement of the manufacturer and the seller. The above statement can be considered as the most clear statement about the result of infringement at present. However, this statement is still suspected of subjectively separating the place where the infringement occurred from the place where the infringement result occurred. Generally speaking, when the tort and the damage result are separated in time and space, there is a problem that the tort and the damage result occur in different places. Typical cases are environmental pollution damage and unqualified products causing personal injury or property loss to others. It is of great significance to distinguish the tort and the place where the damage results occur in these occasions for reasonably determining the jurisdiction of the case, facilitating the collection and cross-examination of case evidence and facilitating the parties to participate in the litigation. However, intellectual property infringement is usually completed at one time, and the place of infringement and the place of infringement result are consistent in space, so it is necessary to distinguish the place of infringement and the place of infringement result mechanically; It can be said that theory is difficult and practice is difficult. We believe that in trademark infringement litigation, we should not establish the different concepts of infringement place and infringement result, but establish the concepts of * * * infringement and * * * litigation, determine the defendant according to * * * infringement, determine the jurisdiction according to * * litigation, and determine the listing principle of the defendant according to the relationship between them.