How to calculate the actual loss of trademark infringement?
When people's courts try trademark infringement cases to determine the amount of compensation, they will first consider the actual losses suffered by the obligee. However, in judicial practice, it is difficult for the obligee to prove the actual loss suffered due to infringement, and it is difficult to prove it. If the actual loss is difficult to determine, it is necessary to further consider the benefits that the infringer obtains from the infringement. However, the evidence of the infringer's interest is completely in the hands of the infringer. In practice, it is difficult for the obligee to provide evidence to prove the benefits obtained by the infringer, and the infringer often does not provide books, materials and other evidence that is not conducive to himself. In this case, the second paragraph of Article 63 of China's current Trademark Law stipulates that "the people's court may determine the amount of compensation with reference to the claim of the obligee and the evidence provided", and Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes stipulates: "The benefits obtained from infringement can be calculated according to the product of the sales volume of infringing goods and the profit of the trademark unit; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity. " On the issue of determining the amount of compensation for trademark infringement cases, when it is difficult to determine the loss and profit of the trademark infringer, the market value of the goods involved should be taken as an important reference factor to determine the amount of infringement compensation and fully considered. The amount of tort compensation should correspond to the market value of the goods involved. When it can be determined that the compensation amount reaches the statutory maximum compensation amount, the trademark owner's claim for the statutory maximum compensation amount shall be supported. The court included the value of the goods involved in the case in the determination of the compensation amount, which increased the infringement cost of the infringer, effectively prevented and stopped the infringement, protected the legitimate rights and interests of the obligee, and provided a good legal environment for the innovation-driven development strategy being implemented.