Legal Subjectivity:
1. How the Civil Procedure Law stipulates the place of infringement 1. According to the relevant laws of our country, lawsuits filed due to infringement shall be filed by the place where the infringement occurs or The People's Court of the defendant's domicile has jurisdiction, and the place of infringement includes the place where the infringement is committed and the place where the infringement results occur. 2. Legal provisions: "Civil Procedure Law of the People's Republic of China" Article 28 Jurisdiction over infringement litigation Litigation filed due to infringement shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 24 The place of infringement specified in Article 28 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs. . Article 25 The place where information network infringement is committed includes the location of the computers and other information equipment that carried out the alleged infringement, and the place where the infringement results occur includes the domicile of the infringed person. 2. How to judge infringement 1. Use of a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the owner of the registered trademark. 2. The act of replacing a registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market. This behavior is also known as "reverse counterfeiting" in theory. 3. Selling goods that infringe the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form of Trademark infringement requires subjective knowledge by the seller. 4. The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or unauthorized made registered trademark signs. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales". 5. Acts that cause other damage to the exclusive right to use registered trademarks of others. The above knowledge is the editor’s answers to relevant legal questions. According to the relevant laws of our country, lawsuits filed due to infringement shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or the defendant’s domicile. The place of infringement includes the place where the infringement was committed, the place where the infringement was committed, and the place where the infringement was committed. The place where the result occurred. If you need legal help, readers are welcome to seek legal consultation.