Legal subjectivity:

If a party is sued for infringement, he should actively respond to the lawsuit and provide evidence to prove that his behavior does not constitute infringement and should not bear civil liability for compensation. According to the relevant provisions of my country's Civil Code, the main ways to bear civil liability include stopping the infringement; removing obstacles; eliminating danger; returning property; restoring the original status, etc. Legal objectivity:

The amount of compensation for infringement of trademark exclusive rights shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the infringement Reasonable expenses incurred 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 are not known to 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 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Disputes Calculation method Calculate the amount of compensation. 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. When determining the amount of compensation, the people's court shall consider the nature, duration, and consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the type, time, and scope of the trademark license, and reasonable expenses to stop the infringement. . 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 infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the reasonable expenses of the right holder or its entrusted agent to investigate and collect evidence on the infringement. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation.