Procedures of Industrial and Commercial Bureau for Handling Trademark Infringement Cases
the procedures for handling trademark infringement cases by the industrial and commercial bureau are as follows: (1) the source of the case: complaints and active discovery; (2) jurisdiction: the industrial and commercial bureau at or above the county level where the infringer is located and where the infringement occurred; and (3) filing a case: there are infringement facts that need to be given administrative punishment, which are within the jurisdiction of the filing industrial and commercial bureau and have not been accepted by the people's court. (4) Investigation: The administrative authority of the Administration for Industry and Commerce: Ask the relevant parties to inspect the articles related to infringement activities, and if necessary, order them to seal up and investigate the acts related to infringement activities, consult and copy the contracts, account books and other business materials related to infringement activities. When evidence is likely to be transferred or lost, measures of prior registration and preservation may be taken. (5) Audit: it is a system of internal supervision of the case-handling organ, which shall be undertaken by the legal institution of this organ. (6) Inform: The parties have the right to state and defend the facts, reasons and basis of the proposed punishment. (7) Hearing: It is a new system established by the Administrative Punishment Law. It refers to the extent to which the Industrial and Commercial Bureau has withheld the statements, defenses and cross-examination of the participants in the hearing before making a decision on administrative punishment for administrative punishment cases that fall within the scope of the hearing. (VIII) Decision: According to the facts and laws, if the infringement is established, administrative punishment shall be imposed; if the infringement is minor, administrative punishment may not be imposed according to law; if the infringement cannot be established without administrative punishment, administrative punishment shall not be imposed; if the infringement has constituted a crime, it shall be transferred to judicial organs. (IX) Examination and approval: The Regulation on Monitoring the Investigation and Handling of Trademark Violation Cases by the Administration for Industry and Commerce (August, 1997) requires that the following cases should be reported to the Trademark Office from the date of filing the case: foreign-related cases with an illegal business turnover of more than 1 million yuan and an illegal business turnover of more than 5, yuan, and major and complicated cases involving well-known trademarks across provinces, which are assigned, approved or considered necessary to be reported by the Trademark Office. (1) Execution: (11) Summary procedure for filing (archiving): The industrial and commercial bureau at or above the county level may make a decision on the spot if the infringement facts are conclusive and have legal basis, and impose a fine of not more than 1 yuan on a legal person or other organization or order it to immediately stop the infringement.