Current location - Trademark Inquiry Complete Network - Trademark registration - Online shop trademark infringement trademark infringement compensation standard
Online shop trademark infringement trademark infringement compensation standard
Online shop trademark infringement compensation method: generally, the actual loss is the amount of compensation, and the infringer makes compensation. If the above amount cannot be confirmed, the amount can be determined according to the interests of infringement. If the specific amount cannot be determined, the specific amount can be confirmed by a reasonable multiple of the pre-infringement use fee of the trademark.

legal ground

Article 63 of the Trademark Law of People's Republic of China (PRC)

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.

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.