Does the Culture and Tourism Bureau have the right to punish toys for appearance infringement?

Toy infringement is similar to the general civil infringement penalty principles. After comprehensive consideration of the damage caused by the entire case, the manufacturer shall bear infringement liability if the defect of the product causes damage to others. If it is a counterfeit patent, the illegal income will be confiscated and a fine of not more than four times of the illegal income may be imposed.

Legal Basis

Article 43 of the Tort Liability Law

If damage is caused by a defect in a product, the infringed party may seek compensation from the manufacturer of the product. To request compensation, you can also request compensation from the seller of the product. If product defects are caused by the manufacturer, the seller has the right to recover compensation from the manufacturer after making compensation. If a product is defective due to the fault of the seller, the manufacturer shall have the right to recover compensation from the seller after making compensation.

Article 45 of the Tort Liability Law

If a product defect endangers the personal or property safety of others, the infringed party has the right to request the manufacturer or seller to bear the responsibility of removing the obstruction, Eliminate liability for hazards and other torts.

Article 63 of the "Patent Law"

Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections and made public by the department in charge of patent affairs, and the illegal gains shall be confiscated. A fine of not more than four times the illegal income may be imposed; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.