Calculation of illegal business amount of trademark infringement
With regard to the calculation of illegal business amount in trademark infringement cases, we should refer to the relevant provisions of the Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (Law Interpretation [202 1] 19) issued by the Supreme People's Court and the Supreme People's Procuratorate. Paragraph 1 of Article 12 of this Interpretation stipulates that "the amount of illegal business operation mentioned in this Interpretation refers to the value of infringing products manufactured, stored, transported and sold by the actor in the process of infringing intellectual property rights. The value of the infringing products that have been sold shall be calculated according to the actual selling price. The value of infringing products manufactured, stored, transported and unsold shall be calculated according to the marked price or actual average selling price of the infringing products that have been identified. If the infringing product is not marked or its actual sales price cannot be ascertained, it shall be calculated according to the intermediate market price of the infringed product. " Therefore, in this case, although both parties have sold infringing goods and have not yet sold infringing goods, the sales price is fixed, so the illegal business amount is calculated according to the actual sales price.