You should understand that, generally speaking, intellectual property rights are private rights. According to the basic principle of "who claims, who gives evidence" in civil litigation, the obligee should undoubtedly provide relevant evidence to support the protection of intellectual property rights through litigation activities, including, of course, evidence to determine the amount of compensation. However, in practice, the obligee rarely provides evidence to determine the amount of compensation, and directly chooses to determine the amount of compensation by legal compensation. At present, China's intellectual property law stipulates three methods to determine the amount of compensation, one is the actual loss of the obligee, the other is the illegal profit of the infringer, and the third is the statutory compensation, that is, the court determines the amount of compensation according to the infringer's infringement circumstances and other factors, which basically establishes a complete compensation system for intellectual property infringement damage and provides a legal basis for judicial practice.

Legal objectivity:

trademark act

Article 63

The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement;

If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement;

If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.