Infringement refers to the act of infringing on the rights or interests of others. Including general tort and special tort, the former refers to the behavior that the actor directly causes damage to others based on fault, so the general liability clause in civil law applies; The latter refers to the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of the civil law or the special provisions of the civil law. Broadly speaking, tort is the basis of liability, but tort not only refers to the tort caused by the fault of the actor, but also includes the liability based on the law. Broadly speaking, tort includes not only fault liability, but also the responsibility of the actor based on the principle of fairness and no-fault liability, which is also produced by the legal system.
General tort refers to the behavior that the actor directly causes damage to others based on his own fault, so the general liability clause in civil law applies. Special tort refers to the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of civil law or special civil law.
Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.