Current location - Trademark Inquiry Complete Network - Trademark inquiry - What is the compensation standard for trademark infringement?
What is the compensation standard for trademark infringement?
1. What is the compensation standard for infringement of sales trademarks

1. The compensation standard for infringement of sales trademarks is: the actual loss suffered by the obligee due to infringement. If the aforementioned loss is difficult to confirm or cannot be confirmed, the standard can be the benefit obtained by the infringer due to infringement; if the benefit cannot be confirmed, the standard can be reasonably determined by referring to the multiple of the trademark license fee.

2. Legal basis: Article 56 of the Trademark Law of the People's Republic of China

The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits gained by the infringer during the period of infringement, or the losses suffered by the infringer during the period of infringement, including the reasonable expenses paid by the infringer to stop the infringement. If the interests of the infringer due to infringement or the losses of the infringed are difficult to determine, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.

second, what are the elements of infringement

1. The object of infringement is a valid patent. Patent infringement must be based on the valid patent, and the implementation of a patent that has been declared invalid or abandoned or a technology whose patent term has expired does not constitute patent infringement;

2. Infringement must occur. That is, there is the act of exploiting the patent without the permission of the patentee;

3. The infringer is a factual infringement for the purpose of production and operation;

4. The infringer need not be at fault subjectively. In the handling of patent infringement disputes, the patentee does not have to bear the burden of proof that the defendant has subjective fault, and the principle of patent infringement is no-fault liability. The timeliness and regionality of intellectual property rights and the intangibility of intellectual products make it much more likely to unintentionally break into the scope of rights than its civil rights. Considering the universality of damage caused by no fault to intellectual property rights, and the difficulty for plaintiff to prove that defendant is at fault and the ease for defendant to prove that he is at fault, the principle of imputation of intellectual property infringement adopts special provisions. However, there are also views that the act of implementing a patent without knowing that it enjoys the patent right itself fails to fulfill the obligation of full care, which is wrong, because the patent authorization announcement is completely open and anyone can know it.