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Compensation Standards for Liquor Trademark Infringement

Legal subjectivity:

Article 56 of the Trademark Law of the People's Republic of China shall compensate for infringement of the exclusive right to use a trademark, which shall be the amount of compensation suffered by the infringer due to infringement during the infringement period. The benefits obtained, or 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. 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. If you sell goods that you do not know infringe the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation. Article 13 When the people's court determines the infringer's liability for compensation in accordance with the provisions of Article 56, Paragraph 1 of the Trademark Law, it may calculate the amount of compensation according to the calculation method selected by the right holder. Article 14 The benefits obtained from infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law can be calculated based on the product of the sales volume of the infringing product and the unit profit of the product; if the unit profit of the product cannot be ascertained, the benefits obtained from the infringement shall be calculated based on the product of the registered trademark product. Unit profit calculation. Article 15 The losses suffered due to infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law may be based on the reduction in sales of goods caused by the infringement or the product of the sales volume of the infringing goods and the unit profit of the registered trademark goods. calculate. Article 16 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, the people's court may apply the second paragraph of Article 56 of the Trademark Law based on the request of the parties or ex officio. Provide for determination of the amount of compensation. If the parties reach an agreement on the amount of compensation in accordance with the provisions of paragraph 1 of this article, it shall be allowed. Article 17 The reasonable expenses paid to stop the infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the reasonable expenses of the right holder or the entrusted agent to investigate and collect evidence on the infringement. Legal objectivity:

Article 63 of the Trademark Law of the People's Republic of China states that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; actual losses are difficult to If it is determined, it can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it can be determined reasonably by referring to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the right holder has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer; the infringer fails to provide Or if false account books or information are provided, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.