Paragraph 2 of Article 60 of China's Trademark Law clearly stipulates: "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 it to the supplier, the administrative department for industry and commerce shall order you to stop selling it." It can be seen that even unwittingly selling goods that infringe the exclusive right to use a registered trademark constitutes infringement of the exclusive right to use a registered trademark. At the same time, the law stipulates that if the infringer doesn't know and can prove that the goods were legally obtained by himself and explain the supplier, the administrative department for industry and commerce shall order him to stop selling. Uninformed infringers also need to bear the tort liability of stopping selling the product and providing purchase channels to assist in investigating the source of fake and inferior products.
Legal objectivity:
Article 65 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation. Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).