Legal analysis: The parties, under the guidance of relevant legal principles and specific legal norms, negotiate specific solutions to resolve disputes. They can negotiate based on the mediation plan proposed by the court, or they can mediate themselves or with assistance. Negotiations will be conducted based on the dispute resolution plan proposed by the personnel. The two parties reached a mediation agreement through consultation.
As for the amount of compensation for a trademark, during negotiation, the amount of compensation needs to be determined in the following order:
(1) The benefits obtained by the infringer due to the infringement during the infringement period.
(2) The losses suffered by the infringed party due to the infringement during the period of infringement include reasonable expenses paid by the infringed party to stop the infringement.
(3) Agreed amount of compensation: If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, and the parties reach an agreement on the amount of compensation, the people's court shall allow it.
(4) Statutory compensation amount: If it is difficult to determine the benefits gained by the infringer due to the infringement, or the losses suffered by the infringed party due to the infringement, and the parties have not reached an agreement, the people's court may, based on the request of the parties or ex officio , according to the circumstances of the infringement, a compensation of less than 500,000 yuan will be awarded.
Legal basis: "Civil Procedure Law of the People's Republic of China"
Article 93: When hearing civil cases, the People's Court shall based on the principle of voluntariness of the parties and when the facts are clear Basically, distinguish right from wrong and mediate.
Article 94 Mediation in the People's Court can be presided over by a single judge or by a collegial panel, and it can be conducted on the spot as much as possible. When the People's Court conducts mediation, it can notify the parties and witnesses to appear in court in a simple way.
Article 95 When conducting mediation, the People's Court may invite relevant units and individuals to assist. The invited units and individuals shall assist the People's Court in conducting mediation.
Article 96: An agreement reached through mediation must be voluntary by both parties and must not be forced. The content of the mediation agreement must not violate legal provisions.
Article 97: When an agreement is reached through mediation, the People's Court shall prepare a mediation letter. The mediation letter shall state the litigation claims, the facts of the case and the mediation results. The mediation document shall be signed by the adjudicator and the clerk, stamped with the seal of the People's Court, and served on both parties. The mediation document becomes legally binding after it is signed by both parties.
Article 99: If no agreement is reached during mediation or one party regrets before the mediation letter is delivered, the People's Court shall make a timely ruling.