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How to calculate profits from trademark infringement

As for the calculation of the benefits obtained by the infringer due to infringement, Article 14 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Civil Dispute Cases" (hereinafter referred to as the "Interpretation") stipulates: " The benefits obtained from infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law can be calculated based on the sales volume of the infringing goods and the unit profit of the goods; if the unit profit of the goods cannot be ascertained, the profits obtained from the infringement shall be calculated based on the unit profits of the registered trademark goods. "The State Administration for Industry and Commerce also stipulated in the "Opinions on Several Issues in the Administrative Enforcement of Trademarks" on December 29, 1999 that the profits gained by the infringer due to infringement during the infringement period generally refer to sales revenue minus costs and dues. taxes paid. The calculation of sales income only involves the actual income of the infringer, that is, the income from the goods sold does not include the goods in stock. Although the above two calculation methods are different, their basis is the profit obtained from infringement. However, in commercial operations, the profits obtained by an enterprise can be divided into three types: main business profit, total profit and net profit. Main business profit refers to all income from sales, after deducting costs; total profit refers to pre-tax income, income tax should be refunded as part of the sales compensation, other expenses should be deducted, and product sales tax will not be refunded; net profit This means that the profits should be deducted not only from costs but also from other expenses, and the amount of compensation shall be the pure profits obtained by the infringer during the infringement period. On the issue of compensation for profits obtained from infringement, it is more reasonable to choose the main business profits as the amount of infringement compensation. This will not only protect the interests of the infringed party without having to pay income tax not generated by one's own business, but also help deter infringement. However, in some cases where the trademark infringement targets only one or a few products of the trademark owner's products instead of all products, different calculation methods should be adopted. In practice, a more practical calculation formula is: profit from infringement = total sales during the infringement period × distribution ratio of infringing goods × profit margin. Among them, the distribution ratio of infringing goods refers to the proportion of infringing goods in all goods. According to the above discussion of profits obtained from infringement, the product of the total sales during the infringement period and the distribution ratio of infringing goods is the main operating profit mentioned above. The above is the specific information on how to determine the amount of compensation for trademark infringement and how to calculate the profits from trademark infringement. I hope it can help you solve your problem. For disputes arising from trademark infringement in judicial practice, if litigation procedures are required, it is recommended that you consult relevant intellectual property law expert lawyers in advance to avoid detours and better solve the problems you face. In fact, there are many cases of trademark infringement in practice, but because some of them are just ordinary trademarks, the legal protection provided is very little, which leads to the damage to the legitimate rights and interests of the trademark owner. When a registered trademark is infringed, the most important legal liability borne by the infringer is the liability for compensation. We have introduced the content of the 2018 trademark infringement compensation standards for you, and I hope it can provide you with some help.