Determination of the amount of compensation for trademark infringement
Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined in accordance with The actual losses suffered by the right holder due to the infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringers are difficult to determine, refer to the trademark license fee The multiple is reasonably determined. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the People’s Court may order The infringer provides account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits obtained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall decide based on the infringement. Due to the circumstances of the conduct, the court ordered a compensation of less than 5 million yuan.
When hearing trademark dispute cases, the People's Court shall, at the request of the rights holder, order the destruction of goods belonging to counterfeit registered trademarks, except under special circumstances; Materials and tools for goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials and tools shall be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
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