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Seizure and seizure provisions of Trademark Law

Seizure and seizure provisions of the Trademark Law of the People's Republic of China: If the exclusive right to use a registered trademark is infringed and a dispute arises, it shall be resolved through negotiation between the two parties; if the negotiation is unwilling or the negotiation fails, The trademark registrant or interested party may report to the people. The court can also file a lawsuit with the industrial and commercial administration department. After the industrial and commercial administrative department determines that the infringement has been established, it will immediately order a stop to the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture the infringing goods, and forge registered trademarks, as well as the illegal transaction volume. If the illegal business amount exceeds 50,000 yuan and does not exceed five times, a fine of not more than 200,000 yuan may be imposed. If there are more than two trademark infringements or other serious situations within five years, severe penalties will be imposed. If a product is sold that is not known to infringe the exclusive rights of a registered trademark, it can be proven that the product was obtained in accordance with the law and the supplier can be identified, and the industrial and commercial administration department will order the sale to stop. Article 62 of the Trademark Law of the People's Republic of China and above when the industrial and commercial administrative department at or above the county level investigates and punishes suspected infringement of other people's exclusive rights to registered trademarks based on obtained evidence of suspected violations or reports, they may exercise the following Powers: (1) To inquire about relevant parties and investigate the situation related to the infringement of the exclusive rights of registered trademarks of others; (2) To review and copy the parties’ contracts, invoices, account books and other relevant materials related to infringement activities; (3) To investigate the parties’ suspected activities Conduct on-site inspections on sites where activities infringe the exclusive rights of registered trademarks of others; (4) Inspect items related to infringing activities; items that are evidenced to infringe the exclusive rights of registered trademarks of others may be sealed or detained. When the administrative department for industry and commerce exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it. During the investigation and handling of trademark infringement cases, if there is a dispute over trademark ownership or the right holder simultaneously files a trademark infringement lawsuit in the People's Court, the industrial and commercial administrative department may suspend the investigation and handling of the case. After the reasons for the suspension are eliminated, the case investigation and handling procedures shall be resumed or terminated.