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The standard of conviction for infringement of trademark exclusive right has been lowered

State Administration for Industry and Commerce trademarkThe relevant person in charge of the bureau said recently that according to the Supreme People's Court and the Supreme People's Procuratorate jointly issued at the end of last year, the Interpretation of several issues on the specific Application of Law in Handling Criminal cases of infringement of Intellectual Property rights (hereinafter referred to as the Interpretation), the conviction standard for crimes of infringement of trademark exclusive rights has been greatly reduced.

The person in charge said that the "Interpretation" greatly reduces the conviction standard of the crime of infringing on the exclusive right to use trademarks, clearly defines the 10 terms related to trademark crimes in the Criminal Law and two terms in the Interpretation, adjusts the boundaries between crimes and non-crimes of infringing on the exclusive right to use trademarks, and adjusts the scope of criminal protection and administrative protection of exclusive right to use trademarks. The functions and powers of administrative law enforcement organs and judicial organs in protecting the exclusive right to use trademarks have been adjusted.

There are 17 articles in the Interpretation, of which 7 directly involve trademarks and 2 indirectly involve trademarks. Experts pointed out that the introduction of this "interpretation" has a profound impact on strengthening the protection of trademark exclusive right, strengthening the deterrence of the Criminal Law on trademark infringers, and criminal and administrative protection of trademark exclusive right.

    Handled 24,000 trademark infringement cases last year (Related News)

According to Xinhua News Agency, the State Administration for Industry and Commerce carried out the protection last yearRegistered trademarkDuring the campaign, a total of 3,586 counterfeiting dens were destroyed and 24,000 trademark infringement cases were investigated and dealt with.

In the three centralized rectification actions last year, the administrative departments for industry and commerce at all levels dispatched nearly 10,000 law enforcement personnel to destroy 3,586 counterfeit manufacturing and sales centers, and investigated 24,000 trademark infringement cases, including 3,828 foreign-related trademark infringement cases, fined 160 million yuan, and transferred 75 cases to judicial organs. 43 individuals suspected of crimes were transferred to judicial organs.