What is the compensation procedure for trademark infringement
First, how to determine the period of infringement.
"Supreme People's Court on the Trial of Trademark Civil Disputes Article 18 of the Interpretation of Several Issues on Applicable Laws stipulates that the statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date when the trademark registrant or interested owner knows or should know about the infringement. If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing a lawsuit in the People's Court. According to the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases", it can be seen that the infringement period is generally 2 years, and the starting date of the above 2 years is the date when the plaintiff files a civil lawsuit in the people's court with jurisdiction.
Second, the determination of the benefits obtained by the infringer due to the infringement during the infringement period.
Article 14 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" stipulates that the benefits obtained from infringement specified in Article 56, paragraph 1, of the "Trademark Law" may be based on the infringement. It is calculated by multiplying the sales volume of the product by the unit profit of the product; if the unit profit of the product cannot be ascertained, it is calculated based on the unit profit of the registered trademark product. The above judicial interpretation provides two calculation methods for calculating the benefits obtained from infringement. One is The product of the sales volume of the infringing product and the unit profit of the product, that is, the amount obtained by multiplying the sales volume of the infringing product by the unit profit of the infringing product. The second is the product of the sales volume of the infringing product and the unit profit of the registered product, that is, using the infringing product The amount calculated by multiplying the sales volume by the unit profit of the plaintiff’s registered trademark goods. Of course, the premise of using the second method is that the unit profit of the infringing goods cannot be ascertained.
Third, the losses suffered by the infringed party due to the infringement during the infringement period.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes" Article 15 stipulates that the losses suffered due to infringement as stipulated in the first paragraph of Article 56 of the Trademark Law may be based on the reduction in sales of goods caused by the infringement by the right holder or the sales volume of the infringing goods compared with the registered trademark goods. Calculated by multiplying the unit profits of The product of the unit profit of the person's registered trademark goods; the second of which is the product of the sales volume of the infringing goods multiplied by the unit profit of the infringed person's registered trademark goods.
If you encounter such problems, please read the above content carefully. Then I hope the above editor of Legal Savior Network can help you The answers provided can solve your problems. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
No comments yet. Say something...