Determination of trademark infringement amount: calculate the illegal business amount according to the marked price of the infringing product; If the accounts of the investigated parties are clear and the sales records are complete, it should be calculated according to the actual sales price. The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits gained by the infringer during the period of infringement, or the losses suffered by the infringer during the period of infringement, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from infringement as mentioned in the preceding paragraph, or it is difficult to determine the losses suffered by the infringed, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement. Legal objectivity:

Determination of the amount of trademark infringement When trying trademark infringement cases to determine the amount of compensation, the people's court will first consider the actual losses suffered by the obligee. However, in judicial practice, it is difficult for the obligee to prove the actual losses suffered due to infringement, and there is a reality that it is difficult to prove. If the actual loss is difficult to determine, it is necessary to further consider the benefits that the infringer has gained from the infringement. However, the evidence of the benefits obtained by the infringer is completely in the hands of the infringer. In practice, it is difficult for the right holder to provide evidence to prove the benefits obtained by the infringer, and the infringer often does not provide evidence against himself such as books and materials related to infringement. 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 claims 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 interests 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 the commodity cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark commodity. " On the issue of determining the amount of compensation for trademark infringement cases, when it is difficult to determine the loss of the trademark infringer and the profit of the infringer, the market value of the goods involved should be taken as an important reference factor to determine the amount of compensation for infringement and fully considered. The amount of compensation for infringement should correspond to the market value of the goods involved. When it can be determined that the amount of compensation has reached the statutory maximum compensation, the trademark owner's claim for the statutory maximum compensation should 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, thus effectively preventing and stopping the infringement, thus protecting the legitimate rights and interests of the obligee and providing a good legal environment for the innovation-driven development strategy being implemented. Although intellectual property is a private right, although the law also recognizes its exclusive exclusivity, because people's intellectual achievements are highly public and closely related to the development of social culture and industry, it is not suitable for anyone to monopolize for a long time, so the law stipulates many restrictions on intellectual property: 1. From the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of a patent right requires application, examination and approval, and there are various conditions for the invention, utility model and design to be granted with a patent right (Articles 22 and 23 of the Patent Law), but no patent right is granted for some matters (Article 25 of the Patent Law). Although there are no restrictions on application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. 2. The law has special provisions on the duration of rights. This is a big difference between intellectual property and ownership. 3. The obligee has a certain obligation to use or implement. The law provides for compulsory licensing or compulsory licensing system. For copyright, the law also stipulates a fair use system.