Without knowing it, buying and using products that infringe others' patent rights constitutes infringement, but it is not liable for compensation according to law. In addition, the sales contract needs to be reached through equal consultation between both parties. The patentee may prevent others from buying infringing products, but has no right to require others to buy products produced by himself.
One of the acts infringing on the exclusive right to use a registered trademark, which causes disputes, shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to stop the infringement immediately. Confiscation and destruction of infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks.
The responsibility for selling products that are not aware of infringement is:
Infringement that does not bear the liability for damages does not mean that it does not bear any responsibility. If it constitutes such a situation, it should be stopped.
1. For the purpose of production and operation, anyone who uses or sells a product that he knows is patented or directly obtained according to the patented method without the permission of the patentee shall not be liable for compensation. The so-called "legal source" means that users or sellers buy from others through legal purchase channels, normal sales contracts and reasonable prices.
2, still have to bear the legal responsibility to stop the infringement. In other words, people who sell patent infringing products in good faith may not sell them again when they know that the products they sell are infringing products, otherwise it will constitute infringement.
To sum up, selling infringing products without knowing it is regarded as infringement.
legal ground
Article 64 of the Trademark Law of People's Republic of China (PRC)
Where the exclusive right holder of a registered trademark requests compensation, and the accused infringer makes a defense on the grounds that the exclusive right holder of a registered trademark has not used the registered trademark, the people's court may require the exclusive right holder of a registered trademark to provide evidence of the actual use of the registered trademark in the past three years. If the exclusive right holder of a registered trademark cannot prove that the registered trademark has been actually used in the first three years, nor can he prove that he has suffered other losses due to infringement, the accused infringer shall not be liable for compensation.
If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, and you can prove that the commodity was legally obtained by yourself and explain the supplier, you will not be liable for compensation.