How does the Trademark Law stipulate the amount of compensation for infringement?
The standard for compensation for infringement in the new Trademark Law is one to five times the amount of loss, which is higher than the previous standard. Increasing compensation for trademark infringement can better prevent trademark infringement incidents. In a market economy, trademark infringements often occur. As a trademark holder, you can go to court and state the amount of compensation in the lawsuit.
The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined based on the actual losses suffered by the infringer due to the infringement. The benefits obtained shall be determined; if it is difficult to determine the losses suffered by the right holder or the benefits obtained by the infringer, they shall be reasonably determined by reference to the multiple of the trademark license fee.
For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined between one time and 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, if the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. Order the infringer to provide 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 gained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement.
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