How to determine the amount of compensation for trademark infringement

As a modern symbol, trademark carries the intangible assets of the enterprise and is the medium for the enterprise to transmit comprehensive information. As the most important part of a company's CIS strategy, trademark is the most widely used, most frequent, and most critical element in the process of corporate image transmission. The company's strong overall strength, perfect management mechanism, high-quality products and services are all embodied in the logo. Through constant stimulation and repeated portrayal, it remains deeply in the hearts of the audience. How is the amount of compensation for trademark infringement determined? Please follow the editor of Legal Savior Network to learn more below.

How to determine the amount of compensation for trademark infringement

The benefits obtained from infringement can be based on the infringing goods It is calculated by multiplying the sales volume and the unit profit of the commodity; if the unit profit of the commodity cannot be ascertained, the unit profit of the registered trademark commodity shall be calculated.

Losses suffered due to infringement , can be calculated based on the reduction in product sales caused by the right holder due to infringement or the product of the sales volume of the infringing products and the unit profit of the registered trademark products.

The amount of compensation for infringement of trademark exclusive rights 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 based on the infringement The benefits obtained by a person due to infringement shall be determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it 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 compensation may be determined to be between one time and five times the amount determined according to the above method.amount. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

《中华Article 63 of the Trademark Law of the People's Republic of China states that 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 benefits obtained by the infringer due to the infringement; rights If it is difficult to determine the losses suffered by the person or the benefits obtained by the infringer, they shall be reasonably determined with 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 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 shall If every effort has been made to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer, the infringer may be ordered to provide the account books and materials related to the infringement; if the infringer fails to provide or provides false account books or materials, the people's court shall The court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

The actual losses suffered by the right holder due to infringement . If it is difficult to determine the benefits obtained by the infringer due to the infringement or the license fee for the registered trademark, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.

When the People’s Court hears trademark dispute cases, the right holder shall Request that goods belonging to counterfeit registered trademarks be ordered to be destroyed, except under special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks be ordered to be destroyed without compensation; or, under special circumstances, be ordered to prohibit the aforementioned Materials and tools enter commercial channels without compensation.

Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you do not understand, you can call the online lawyers on the Legal Savior Network for answers. The professional knowledge of lawyers can help You.