Trademark Office of the State Administration for Industry and Commerce, How Administrative Legal Liability of an Infringer shall be Pursued after Consultation and Resolution between the Parties Official Reply

Issued: April 15 2004

Main contents: For trademark infringement cases that the administration authority for industry and commerce has opened a file for it but has not made an administrative handling decision, if the trademark registrant or party with a material interest applies for revocation of the case after consultation and resolution between the parties, the administration authority for industry and commerce may pursue the administrative legal liability of the infringer according to law based on specific circumstances such as whether the infringement has prejudiced the rights and interests of the public or consumers or whether the circumstances are serious. If the infringer takes the initiative to mitigate or eliminate the harms brought by the infringement, the authority should reduce the penalty or not impose any administrative penalty.
Related legislation: PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75 and PRC Administrative Penalty Law, Mar 17 1996, CLP 1996 No.4 p4
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