Legal subjectivity:

The first is the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement" (Fa Interpretation [2004] No. 19 ) Article 12, Paragraph 1: The “illegal business amount” referred to in this interpretation refers to the value of the perpetrator’s manufacturing, storage, transportation, and sales of infringing products during the course of committing intellectual property infringement. The value of the infringing products sold is calculated based on the actual sales price. The value of manufactured, stored, transported and unsold infringing products shall be calculated based on the marked price or the actual average sales price of the identified infringing products. If the infringing product has no price tag or its actual sales price cannot be ascertained, the calculation shall be based on the market median price of the infringed product. The second is Article 72 of the "Product Quality Law": The value of goods is calculated based on the price of illegally produced and sold products; if there is no price, it is calculated based on the market price of similar products. The third is the State Administration for Industry and Commerce’s “Reply on Issues Concerning Infringing Goods” (Industry Trademark Zi [2003] No. 99): “In the process of investigating trademark infringement cases, trademark signs that infringe the exclusive rights of others’ trademarks and those seized on site are only used for The raw and auxiliary materials for manufacturing infringing goods belong to the infringing goods mentioned in Article 53 of the Trademark Law.” Fourth, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice issued the “Several Issues on the Application of Law in Handling Criminal Cases of Intellectual Property Infringement”. Article 7 of the Opinion (Fafa [2011] No. 3): “When calculating the value of counterfeit registered trademark infringing products that are manufactured, stored, transported and not sold, the products that have been produced but have not yet been attached (including stickers) or have not all been For products with counterfeit registered trademarks attached (including affixed), if there is solid and sufficient evidence to prove that the product will counterfeit someone else's registered trademark, its value will be included in the amount of illegal business." Fifth, the Trademark Office of the State Administration for Industry and Commerce issued "About 1999". Article 9 of the "Opinions on Several Issues in the Protection of Service Marks" stipulates: "The illegal business volume of service mark infringement mainly refers to the business volume generated by the infringement due to the infringement during the infringement period. Under normal circumstances, unauthorized use of the same service mark as that of others The amount generated from service activities with similar trademarks is illegal business revenue. If there is only advertising and no services are performed, the illegal business revenue will be calculated based on advertising fees; if there is only a receipt for providing services but no corresponding performed services are found. If there is evidence, the illegal business volume shall be calculated based on the amount of the bill.” Legal Objective:

Compensation standards for trademark infringement cases Article 63 of my country’s Trademark Law stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be the amount of compensation for the infringer. The benefits gained from the infringement during the period of infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, including reasonable expenses paid by the infringed party to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. According to Article 118 of the General Principles of the Civil Law, if a trademark right is infringed upon, the party has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement. If it is difficult to determine the first two, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement. If a trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, and if not stopped in time, their legitimate rights and interests will be irreparably damaged, they may file a lawsuit with the People's Court before filing a lawsuit. Apply for measures to order the cessation of relevant behavior and property preservation. Trademark infringement refers to the use of a trademark that is identical or similar to its registered trademark on the same or similar goods without the trademark owner's permission, or other behaviors that interfere with or hinder the trademark owner's use of its registered trademark and damage the legitimate rights and interests of the trademark owner.

The infringer is usually liable to stop the infringement, and the perpetrator who knew or should have known that the infringement was infringement is also liable to compensate. If the circumstances are serious, you will also bear criminal responsibility. According to the provisions of the Trademark Law. Disputes arising from infringement of trademark rights shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court, or request the industrial and commercial administration or some intellectual property management departments to handle the matter. For trademark infringement, the infringed party can request handling from the industrial and commercial administration department at or above the county level, and the industrial and commercial administration department has the right to take the following handling measures: (1) order an immediate stop to sales; (2) invite and destroy the infringing trademark logo; (3) Eliminate infringing trademarks on existing goods; (4) Seize molds, printing plates or other criminal tools that are directly used for trademark infringement; (5) If the first four measures are not enough to stop the infringement, or the infringing rights are If it is difficult to separate the behavior from the goods, order and supervise the destruction of the infringing goods; (6) Depending on the circumstances, a fine of not more than five times the profits gained from the infringement shall be imposed.