Determination of compensation amount for infringement of trademark exclusive right
According to China's Trademark Law, Regulations on the Implementation of Trademark Law and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the principles for determining the amount of infringement compensation mainly include: when determining the amount of compensation, the people's court should comprehensively consider the nature, period and consequences of the infringement, the reputation of the trademark, the amount of trademark license fees, the types, time and scope of trademark license and the reasonable expenses for stopping the infringement. The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation. The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. Among them, the benefits obtained by the infringer during the infringement period can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity; The losses suffered due to infringement can be calculated according to the reduction of commodity sales caused by infringement or the product of the sales of infringing goods and the profit of the registered trademark commodity unit; The reasonable expenses paid by the infringed person to stop the infringement, including the reasonable expenses of the obligee or entrusted agent to investigate and collect the evidence of infringement. When determining the infringer's liability for compensation according to the above standards, the people's court may calculate the amount of compensation according to the calculation method selected by the obligee. If the infringer gains benefits from the infringement, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement, and if the parties reach an agreement within this amount, it shall be allowed. If you sell a commodity that you don't know is an infringement of the exclusive right to use a registered trademark, you can prove that the commodity was legally obtained by yourself and explain the supplier, and you will not be liable for compensation. In addition, the people's court, when trying a dispute over infringement of the exclusive right to use a registered trademark, may, according to the provisions of Article 134 of the General Principles of the Civil Law and Article 53 of the Trademark Law and the specific circumstances of the case, decide that the infringer shall bear civil liabilities such as stopping the infringement, removing the obstruction, eliminating the danger, compensating for the loss and eliminating the influence, and may also impose a fine, confiscate the infringing goods, forged trademark marks and materials, tools, equipment and other property specially used for producing infringing goods. The amount of the fine may be determined with reference to the relevant provisions of the Regulations for the Implementation of the Trademark Law. If the administrative department for industry and commerce has given administrative punishment to the same infringement of the exclusive right to use a registered trademark, the people's court will no longer impose civil sanctions.