中华人民共和国商标法(中英)

o use a registered trademark. Where a crime is suspected to have been committed, the case shall be promptly transferred to the judicial authority to be dealt with in accordance with law.

　　Article 55. When investigating activities suspected of having infringed upon another party's exclusive right to use a registered trademark, the administrative authority for industry and commerce at or above the county level may, based on the obtained evidences suspected of illegal conduct or information supplied by a member of the public, exercise the following functions and authorities;

　　(1) to inquire of the interested about the case; to investigate into such circumstances as involved infringement upon other parties' exclusive right to use a registered trademark;

　　(2) to examine or

reproduce the interested party's contracts, invoices and account books and other materials as involved infringement upon other parties' exclusive right to use a registered trademark;

　　(3) to conduct an on-site inspection of the premises where the party has carried out acts allegedly infringing upon another party's exclusive right to use a registered trademark;

　　(4) to check up such articles as relate to the infringing act and may seal or take into custody articles which are proven to have infringed upon another party's exclusive right to use a registered trademark.

　　When the administrative authority for industry and commerce exercises such functions and powers as enumerated in the preceding paragraph, the interested parties shall assist and cooperate and shall not refuse or obstruct to do so.

　　Article 56. The amount of damages for infringement of the exclusive right to use a registered trademark shall be the profit that the infringer has earned through the infringement during the period of the infringement or the losses that the period of the infringee has suffered through the infringement during the period of the infringement, including any reasonable expenses the infringee has incurred in his or its efforts to stop the infringement.

　　Where the profit earned because by the infringer or losses suffered by the infringee through the infringement referred to in the preceding paragraph can not be determined, the people's court shall decide an amount of damages not more than 500,000 yuan RMB, depending on the circumstances of the infringing acts.

　　Where a party unknowingly sells goods that infringe upon another party's exclusive right to use a registered trademark but is able to prove that he or it has obtained the goods lawfully and is able to identify the supplier, he or it shall not be held liable for damages.

　　Article 57. Where a trademark registrant or any interested submits evidence proving that another party is engaged in or will soon engage in actions that infringe upon the former's exclusive right to use his or its registered trademark and that, unless they are stopped promptly, it will cause irreparable damages to its legitimate rights and interests, he or it may, before filing a lawsuit, apply to the people's court for the granting of an injunction prohibition the relevant acts and taking measures for property preservation.

　　The People's Court handling the application under the preceding paragraph shall apply the provisions of Articles 93 to Article 96 and Article 99 of the Civil Procedural Law of the People's Republic of China.

　　Article 58. With a view to prohibiting trademark infringing acts and where evidences may be destroyed or lost or become unobtainable in the future, a trademark registrant or interested party may file an application with the people's court for preservation of the evidence before instituting legal proceedings to the people's court.

　　The People's Court shall make a decision within 48 hours after receipt of the application. Where the people's court decides to provide preservative measures, the decision shall be enforced immediately.

　　The People's Court may order the applicant to provide guaranty. Where no guaranty provided, the people's court shall reject the application.

　　Where the applicant fails to institute legal proceedings within 15 days after the people's court grants the preservative measures, the people's court shall rescind the said measures.

　　Article 59. Where any party, without the authorization from the trademark registrant, uses a trademark that is identical with a registered trademark in respect of the same goods, if it constitutes a crime, the party shall be prosecuted, according to lae, for its criminal liabilities in addition to compensating the losses the infringee suffers. Where any party counterfeits, or makes, without authorization, representations of a registere

d trademark of another party, or sells such representations of a registered trademark as were counterfeited, or made without authorization, if it constitutes a crime, the party shall be prosecuted, according to law, for its criminal liabilities.

　　Where any party sells goods that he knows bear a counterfeited registered trademark, if it constitute a crime, the party shall be prosecuted, according to law, for its criminal liabilities in addition to compensating the losses the infringee suffers.

　　Article 60. State functionaries engaged in trademark registration, administration and review shall be impartial in implementing the law, incorruptible and self-disciplined, devoted to their duties and shall be courteous and honest in their delivery of service.

　　State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and other personnel engaged in trademark registration, administration and review shall not be involved in trademark agency services or in any activity of manufacturing and trading goods.

　　Article 61. Administrative authorities for industry and commerce shall establish and perfect an internal supervisory system to supervise and inspect the way state functionaries responsible for trademark registration, administration and review implement laws and administrative regulations and observe disciplines.

　　Article 62. Where state functionary engaged in trademark registration, administration and review are derelict of duty, abuse their power, and practice fraud for personal gains; where they handle trademark registration, administration and review matters in violation of the law. Where they accept money or properties from a party in a trademark matter; where they seek improper gains; and where the case is so serious as to constitute a crime. They shall be prosecuted, according to law, for their criminal liabilities. Where the case does not constitute a crime, the person involved shall be subject to administrative disciplinary measures according to law.

　　Chapter VIII. Supplementary Provisions

　　Article 63. Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fees as prescribed. The schedule of fees shall be prescribed separately.

　　Article 64. This Law shall enter into force on March 1, 1983. The "Regulations Governing Trademarks" promulgated by the State Council on April 10, 1963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time.

　　Trademarks registered before this Law enters into force shall continue to be valid.

　　(Translation by the Trade demark Office of the State Administration for Industry and Commerce of the People's Republic of China

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