Legal subjectivity:

The draft amendment to the Trademark Law submitted for consideration at the 30th meeting of the 11th National People’s Congress Standing Committee on the 24th intends to strengthen the protection of exclusive rights to trademarks and add punitive compensation provisions , increase the amount of compensation for infringement. In view of the current phenomenon in practice that rights holders have high costs to defend their rights and often lose more than they gain, the draft introduces a punitive compensation system, which stipulates that for malicious infringement of trademark exclusive rights and serious circumstances, the rights holder may suffer damages due to the infringement and the infringer may gain due to the infringement. The amount of compensation shall be determined within the range of 1 to 3 times of the interests or registered trademark license fees. At the same time, the draft also increases the upper limit of statutory compensation that the court can decide at its discretion from 500,000 yuan to 1 million yuan when none of the above three grounds can be ascertained. Regarding the phenomenon that the right holder has "difficulty in providing evidence" resulting in a low amount of damage compensation, the draft refers to relevant foreign practices and adds a provision: In order to determine the amount of compensation, the people's court must do its best to provide evidence after the right holder has tried its best to provide evidence, and the account books and materials related to the infringement are mainly provided by If the infringer has the knowledge, the infringer may be ordered to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of infringement compensation with reference to the rights holder's claims and the evidence provided. . In addition, the draft adds types of infringement of registered trademark rights that should bear legal liability. The draft stipulates that those who intentionally provide convenient conditions for infringement and help others to infringe the exclusive right to use a registered trademark shall be deemed as infringement of the exclusive right to use a registered trademark. The Trademark Law has been revised twice since it was promulgated and implemented in 1983. In order to implement the national intellectual property strategy, give full play to the role of the trademark system, and better serve the accelerated transformation of the economic development model, my country has launched the third revision of the Trademark Law. Legal objectivity:

The latest trademark law provides for the amount of compensation according to Article 63 of the Trademark Law. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; the actual If the loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement; if the loss of the right holder or the benefits obtained by the infringer is difficult to determine, it can be determined reasonably by referring to a multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner 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 if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement. Trademark infringement refers to the use of an identical or similar trademark to the registered trademark on the same or similar goods without the permission of the trademark registrant. Industrial and commercial investigation and handling of trademark infringements This type of infringement can be specifically broken down into the following four types: (1) using the same trademark as someone else’s registered trademark on the same kind of goods; (2) using something similar to someone else’s registered trademark on the same kind of goods Trademark; (3) Use a trademark that is the same as a registered trademark on similar goods; (4) Use a trademark that is similar to someone else’s registered trademark on similar goods. The first type of behavior is counterfeiting, and the remaining three are counterfeiting behaviors. Counterfeiting registered trademarks is the most serious infringement of trademark rights. If the circumstances are serious, criminal liability must be pursued in accordance with the law. Trademark infringement refers to the use of a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark owner, or other behaviors that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner. The infringer is usually liable to cease the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal liability. According to the provisions of the Trademark Law. Disputes arising from infringement of trademark rights shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administration or some intellectual property management departments to handle the matter.

For trademark infringement, the infringed party can request handling from the industrial and commercial administration department at or above the county level, and the industrial and commercial administration department has the right to take the following handling measures: (1) order an immediate stop to sales; (2) invite and destroy the infringing trademark logo; (3) Eliminate infringing trademarks on existing goods; (4) Seize molds, printing plates or other criminal tools that are directly used for trademark infringement; (5) If the first four measures are not enough to stop the infringement, or the infringing rights are If it is difficult to separate the behavior from the goods, order and supervise the destruction of the infringing goods; (6) Depending on the circumstances, a fine of not more than five times the profits gained from the infringement shall be imposed.