Law
Laws and regulations of a few law learns in current society or be not what often be necessary, for example businessman is when the responsibility that encounters the accused to sell tort product place to need to bear, the following byelaw can consult for you:
The behavior of tort of a kind of brand in selling the behavior of the commodity that violates trade mark right to belong to link of flow of goods. Encroach the commodity of trade mark right normally, divide outside relying on generator proper motion to sell, in often passing the sales compaign ability of someone else to reach consumer hand even. Resemble such person that sell, like the generator of the commodity that violates trade mark right, had promiscuous commodity source, encroach the trade mark right, action that harms consumer interest. Because this is right,this kind of sale also should be maintained is a kind of act that violates trade mark right, want to be handled by brand tort behavior likewise, let its assume corresponding legal responsibility. Those who need an attention is, the generator that encroachs commodity of trade mark right is to stem from commonly intended, but the sell person that encroachs commodity of trade mark right may be to stem from intended, also may not be. So new " trademark law " the 64th the 2nd section provision " the sale does not know is the commodity that violates trade mark right, can prove what obtain legally to this commodity is him show the person that offer, do not assume liability to pay compensation. Do not assume liability to pay compensation..
To violating trade mark right, according to " trademark law " fiftieth 3, " trademark law carries out detailed rules " the 43rd regulation, mechanism of industrial and commercial administration can adopt following measure to give punishment.
(1) is instructed stop tort
① is instructed stop to sell; instantly
② is confiscated, ; of commodity of tort of destroy by melting or burning
③ is confiscated, destroy by melting or burning is used technically at making the tort commodity, tool that forges label of registered trade mark.
(2) is in in order to fine
When department of industrial and commercial administration is handled, cognizance tort behavior holds water, instruct suspend tort action instantly, confiscate, tort commodity mixes destroy by melting or burning to basically be used at making the tort commodity, tool that forges label of registered trade mark, violate management forehead of 50 thousand yuan of above, can be in violate the amerce with management fivefold and the following forehead, did not violate management forehead to perhaps violate management forehead to be not worth 50 thousand yuan, can be in fifty thousand and twenty yuan of the following amerce. Perhaps have other and serious plot to behavior of above brand tort is being carried out twice inside 5 years, ought to from heavy punishment. The sale does not know is the commodity that violates trade mark right, can prove this commodity is the person that he is obtained legally and the specification is offerred, by industrial and commercial administration the branch is instructed stop to sell.
To above two handle disaffected, the 15 inside the day according to since the day that party can get an announcement " procedural law of administration of People's Republic of China " sue to people court. Exceed the time limit is not sued of nonperformance, by industrial and commercial management mechanism applies for people court to be carried out compulsively.
(3) violates trademark the compensatory amount of special right undertakes intercessory
The industrial and commercial administration that has handling the sectional request according to party, can violate trademark the compensatory amount of special right undertakes intercessory, those who do not mediate, party can be sued to people court lawfully.
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