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 obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 5 million yuan according to the circumstances of the infringement.
In handling trademark disputes, the people's court shall, except in special circumstances, order the destruction of goods with counterfeit registered trademarks at the request of the obligee; Materials and tools mainly used for manufacturing goods with counterfeit registered trademarks shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials and tools from entering the commercial channels free of charge.
Goods with counterfeit registered trademarks shall not enter commercial channels after only the counterfeit registered trademarks are removed.