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| No.9752502

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Information Name: | Supply Jiaxing, Haining City, Zhejiang Trademark Registration |
Published: | 2013-10-10 |
Validity: | 30 |
Specifications: | |
Quantity: | 9999999.00 |
Price Description: | |
Detailed Product Description: | Haining City, Jiaxing, Zhejiang trademark registration, intellectual property consulting services Yew Hangzhou Co., Ltd. specializes trademark registration, Jiaxing City, Zhejiang Province, located northeast of the Yangtze River Delta hinterland areas of Jiaxing-Huzhou Plain. City, in the river, sea, lake, river intersection of the place, too Hunan corridor choke the throat, with Shanghai, Hangzhou, Suzhou, lakes and other cities separated by less than one hundred kilometers, the advantage is obvious. Jiaxing known as the "land of plenty", "silk" reputation, is a national civilized city, national support model city, the National Green Model City, National Excellent Tourism Cities and National Garden City. 2011 was listed as a national historical and cultural city. Increase the intensity of damages based on Article 45 of the TRIPs Agreement provides that China's current "Trademark Law" for trademark infringement damages in the amount calculated using the so-called "filling principle." However, due to corporate financial books are incomplete, difficult to obtain evidence and other reasons, the plaintiffs are often unable to effectively prove their tortious damages, but can not prove that the defendant received benefits because of infringement. Therefore, in most cases, the parties do not damage or infringement on infringement proof profitability, the parties put forward in accordance with the direct method to determine the infringer statutory damages amount of compensation requests. Thus, in most cases of trademark infringement, the Chinese court in the amount of $ 500,000 determined within a statutory compensation. It should be noted that, unlike punitive damages not only to compensate the plaintiff, but also to punish perpetrators deliberately different, China "Trademark Law" statutory damages does not have a punitive character, and its essence is not identified in court the actual amount of damages in the case, the judge's discretion under the facts of the case and an amount of compensation, the amount of the determination is still a "leveling principle" as the basis. But the "statutory compensation method is usually because there is insufficient evidence or no evidence to support, resulting in the court of the amount of damages is low, or even insufficient to cover litigation expenses." To solve this problem, "Trademark Law" third revision of trying to perfect both tort damages system: first, to increase the maximum amount of statutory compensation. "Trademark Law" proposed modifications in the pre-draft has been the maximum amount of statutory damages provisions of 100 million; until June 2013 submitted to the second session of the third meeting of the NPC Standing Committee's "Trademark Law (draft amendment ) "Second Review draft, only" the infringement cases statutory damages from $ 100 million or less modified to 20,000 yuan to 200 yuan. " In August 2013 the last submitted to the second session of the fourth meeting of the NPC Standing Committee considered the third draft again will limit the amount of statutory compensation increased from $ 2 million to 300 million yuan, in order to further strengthen the trademark infringement crackdown. Second, the implementation of punitive damages malicious infringement (punitive damage). In September 2011 the State Council Legislative Affairs Office published the "PRC Trademark Law (Draft Amendment Bill)" on page 67, there is no provision on punitive damages. However, a year later, the NPC Standing Committee in December 28, 2012 announced the "PRC Trademark Law Amendment (Draft)," the thirty-seventh states: Article 56 will be replaced by the sixth twelve, the first paragraph is revised to read: "trademark infringement the amount of compensation, in accordance with the rights of people due to the infringement or the actual loss suffered by the infringement of the profits gained, you can also refer to the registered trademark license fee OK; against malicious infringement of trademark rights, in serious cases, can be determined according to the method described above three times the amount to determine the amount of compensation. compensation amount shall include the right to stop the infringing acts reasonable expenses paid. ...... "Yes Here, on the draft of the "Help" in the explanation given is: "the right person for the practice of the high cost of rights, often outweigh the phenomenon, the draft introduces punitive damages." This provision final adoption. |
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Copyright © GuangDong ICP No. 10089450, Hangzhou Yew Intellectual Property Advisory Services Ltd. All rights reserved.
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You are the 9491 visitor
Copyright © GuangDong ICP No. 10089450, Hangzhou Yew Intellectual Property Advisory Services Ltd. All rights reserved.
Technical support: ShenZhen AllWays Technology Development Co., Ltd.
AllSources Network's Disclaimer: The legitimacy of the enterprise information does not undertake any guarantee responsibility