In large and small infringement cases, there are many infringements caused by consumers buying counterfeit products. Then these poor quality counterfeit products of the penalty and how the process? Eight quit know-how trademark transfer network for you to analyze:
To put it simply, once found, the main process is: fines, confiscation of counterfeit and shoddy goods. Serious cases will also bear the corresponding legal responsibility. For example, last year (May 19, 2017), a trademark infringement case in Bengbu, Anhui Province, is because the inspectors found that a project site is not installed labeled "Shanghai Lianggong Valve Factory Limited" "work" brand registered trademark valves 75 Ltd." "Gong" brand registered trademark valves 75, was found to be infringing products, and then the staff of the parties concerned to order the immediate cessation of infringing behavior, confiscated not yet installed to use the infringing "Gong" brand registered trademark valves 75, and a fine of two hundred thousand yuan of administrative penalties.
In detail, it is divided into a variety of cases, different cases of punishment is not the same.
Penalty amount according to the product quality law, it should be more than 1 times the value of the goods 3 times.
As for trademark infringement, article 13 of the people's court based on the provisions of the first paragraph of article 56 of the trademark law to determine the infringer's liability for compensation, according to the calculation method chosen by the right holder to calculate the amount of compensation. Article 14 of the Trademark Law, Article 56, paragraph 1 of the benefits gained from infringement, can be calculated based on the infringing goods sales volume and the product of the unit profit of the goods; the unit profit of the goods can not be ascertained, according to the unit profit of the registered trademark goods.
Losses suffered as a result of infringement can be calculated according to the right holder due to the infringement of the reduction in sales of goods or infringing sales of goods and the product of the unit profit of the registered trademark goods.
In the event that the infringer's gain from the infringement or the infringer's loss due to the infringement is difficult to determine, the people's court may, at the request of the parties or ex officio apply the provisions of Article 56(2) of the Trademark Law to determine the amount of compensation.
The people's court in determining the amount of compensation, shall take into account the nature of the infringement, the period, the consequences of the trademark's reputation, the amount of the trademark license fee, the type of trademark license, time, the scope of the trademark license and stop the infringement of the reasonable expenses and other factors to determine the comprehensive. The people's court in accordance with the party's request and the specific circumstances of the case, can be in line with the relevant state departments of the lawyer's fees calculated within the scope of compensation.
The parties reach agreement on the amount of compensation in accordance with the provisions of the first paragraph of this article, shall be allowed.
Article 17 of the Trademark Law, Article 56, paragraph 1 of the reasonable expenses paid to stop the infringement, including the right holder or entrusted agent of the infringement of the reasonable costs of investigation and evidence collection.
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