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  Article 47. Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine. (来源:www.EnglishCN.com)

  Article 48. Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:

  (1) where the trademark is falsely represented as registered;

  (2) where any provision of Article 10 of this Law is violated;

  (3) where the manufacture is of rough or poor, or where superior quality is replaced by inferior quality, so that consumers are deceived.

  Article 49. Any party concerned dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review with the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant in writing. Where any interested party dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within 30 days from receipt of the notice, institute legal proceedings in the People's Court.

  Article 50. Any interested party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the People's Court. If there have been instituted no legal proceedings or no performance of the decision has been made at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory execution thereof.

  Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks

  Article 51. The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.

  Article 52. Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

  (1) using a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization from the trademark registrant;

  (2) selling goods that infringe the exclusive right to use a registered trademark;

  (3) counterfeiting, or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited, or made without authorization;

  (4) replacing another party's registered trademark, without authorization, and selling goods bearing such a replaced trademark;

  (5) causing, in other respects, prejudice to the exclusive right of another person to use a registered trademark.

  Article 53. Where a dispute arises after a party commits any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law, the parties involved shall settle the dispute through consultation. Where the parties refuse to pursue consultation or where consultation has failed, the trademark registrant or interested party may institute legal proceedings with the People's Court, or request the administrative authority for industry and commerce for actions. The administrative authority for industry and commerce shall, upon determining the trademark infringement has taken place, order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and any instruments specifically used to manufacture the infringing goods and counterfeit representations of the registered trademarks, and even impose a fine. Where any interested party is dissatisfied with the decision of the administrative authority for industry and commerce, he or it may, within 15 days from the date of receipt of the notification, institute legal proceedings with the people's court in accordance with the Administrative Procedural Law of the People's Republic of China. If there are no legal proceedings instituted or no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory execution thereof. Where a party so requests, the administrative authority for industry and commerce handling a dispute may mediate in settling the amount of damages. Where mediation fails, a party may institute legal proceedings with the People's Court in accordance with the Civil Procedural Law of the People's Republic of China.

  Article 54. The administrative authority for industry and commerce has the power to investigate and handle by law any conduct infringing upon the exclusive right to 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 registered 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.

 
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