Does the Cultural Tourism Bureau have the right to punish the appearance infringement of toys?

Toy infringement is similar to the general principle of civil tort punishment. Considering the damage caused by the whole case, if the product has defects and causes damage to others, the manufacturer shall bear the tort liability. If it is a counterfeit patent, the illegal income shall be confiscated and a fine of less than four times the illegal income may be imposed.

legal ground

Article 43 of the Tort Liability Law

If damage is caused by defects in the product, the infringed may claim compensation from the producer or seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

Article 45 of the Tort Liability Law

If the product defect endangers the personal and property safety of others, the infringed party has the right to require the producer or seller to bear the tort liability of removing obstacles and dangers.

Article 63 of the Patent Law

Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.