China Trademark Law - Selected Sections on infringement and remedy
Please note: The English translation is mine, please ask for my permission before re-using it.
Chapter 7 – Registered Trademark’s Exclusive Right of Use and Protection
Paragraph 51 - 53
Paragraph 51 Registered Trademark’s Exclusive Right of Use, is limited to the approved registered trademark and ratified product.
Paragraph 52 The following actions are classified as trademark violations
(1)Without permission from the trademark’s owner, using the same trademark or a similar imitation on the same or similar type of product.
(2) Selling products infringing the trademark’s exclusive right of use
(3) Counterfeit, making without permission a trademark registered by another, or selling forged (counterfeit) trademark mark or logo, or one that is made without permission.
(4) without the permission of the trademark owner, replace the above mentioned registered trademarkand selling products using such replaced trademark;
(5) Causing other damages to the exclusive right to use of the trademark’s owner
Paragraph 53 The involved parties should attempt to resolve by negotiation any disputes arising from one of the listed violation in Paragraph 51; if the parties are not willing to negotiate or failed to negotiation, the trademark’s owner or an interested party (of the trademark) could file a lawsuit at the People’s Court, or to request The Commerce Bureau Department of Administration to intervene. If intervention is initiated by the Commerce Bureau and it is determined that infringement is established, the infringing activity is ordered to be ceased immediately, confiscate infringing products and tools used to create infringing products and forgery of the infringed trademark, as well as to levy a fine. If an involved party disagrees with the judgment, it could sue at the People’s Court within fifteen days of receiving the notice of judgment, according to the “People’s Republic of China Administrative Procedural Law”. The infringing party whom does not sue after the expiration of the above mentioned response period, nor fulfilled its obligations as ordered (by the judgment), could be forced to performed by the People’s Court upon request by the Commerce Bureau. Upon request by the involved parties, the responsible unit of Department of Administration Management at the Commerce Bureau could mediate the damage amount from infringement; if mediation fails, the involved parties could initiate law suit according to the “People’s Republic of China Administrative Procedural Law” at the People’s Court.
Paragraph 54 – Paragraph 56
Paragraph 54 The Bureau of Commerce Department of Administration Management has the authority to investigate according to the law any activities of trademark infringement; if criminal violation is suspected, should promptly transfer to the judicial authorities to be handled according to the law.
Paragraph 55 The Bureau of Commerce Department of Administration Management at the county level or above, while investigating the party suspected of trademark infringement could base on the evidence gathered from suspected illegal activities or denunciation of such activities, take the following actions under authority:
(1) To inquire relevant involved party, investigate relevant issues regarding the infringement of another’s trademark
(2) To reference, copy any contracts, invoice, account book and other relevant documents pertaining to the involvement of the involved party in the infringement;
(3) Perform investigate at the actual location where an involved party is suspected the infringement activities took place;