1. Use, without authorization, of the same or similar trademarks, distinctive signs, patents, works and other creations in the production, operation, advertising, advertising, performances and other activities, forgery, unauthorized manufacture of identical or similar trademarks, distinctive signs or the sale of forged or unauthorized trademarks, distinctive symbols
I. What are the violations of intellectual property rights
1. Unauthorized use of the same or similar trademarks, distinctive signs, patents, works and other creations in production, operation, advertising, propaganda, performances and other activities
2. Forgery, unauthorized manufacture of marks of the same or similar trademarks, special signs or sale of forged or unauthorized trademarks, special signs
3. Disguised use of the same or similar trademarks, distinctive signs, patents, works and other creative works
4. Unauthorized use of the same or similar trademarks, distinctive signs, patents, works and other creations in the names of enterprises, social groups, undertakings, private and non-enterprise entities, domain names, geographical names, buildings, structures, places, etc
5. Accessibility, storage, transportation, mailing and concealment of violations
6. Other violations of relevant national laws and regulations。
Violations of intellectual property rights are punishable by:
1. Orders to cease violations and eliminate effects
2. Legal sealing of property and information that may be transferred, concealed or destroyed
3. Mark marks, special signs, patent marks, works and other creations that remove infringement on existing objects
4. Collection and destruction of infringe marks, patent marks, special signs
5. Collection of moulds, prints and other tools directly used for violations
6. Tort marks, distinctive signs, patents, works and other creations are difficult to separate from objects, and destruction is ordered and supervised。
Compensation for intellectual property violations
First, in terms of economic parity, the rule requires that the perpetrator pay the same price for the consequences of his or her actions, which is roughly equal to the costs that the victim should have. Price is always an essential element in determining compensation。
Second, in the light of the fundamental principle of civil law of “equal pay”, according to which, on the one hand, in a lawful economic activity, unless otherwise provided by law or agreed otherwise in the contract, the party that obtains the benefit of another person's property shall pay to the other the corresponding price or other property interest; on the other hand, in civil activities in violation of the law, the perpetrator must compensate for the damage caused by his conduct and the scope of compensation should be consistent with the scope of the loss。
Thirdly, the term “compensation” means “compensation”, “compensation”, “compensation” means restitution of the injured right to the status quo ante by compensating the victim for the damage suffered as a result of the violation. It follows that only actual damage (including property and moral damage) caused by the infringer to the right-holder can satisfy this requirement as a standard for damages. This criterion has been established to provide a fair and objective economic basis for the scientific determination of the scope and amount of damages to be awarded。
