1. Can compensation for trademark infringement be determined by referring to the trademark usage fee?
Compensation for trademark infringement can be determined with reference to the trademark usage fee.
Legal basis: "Trademark Law of the People's Republic of China"
Article 63 Infringement The amount of compensation for the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; it is difficult to determine the losses suffered by the right holder or the benefits obtained by the infringer. shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, the people's court may, if the right holder has tried its best to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer. Order the infringer to provide account books and materials related to the infringement; if the infringer fails to provide or provides false account books and materials, the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.
The actual losses suffered by the right holder due to the infringement, and the gains gained by the infringer due to the infringement If it is difficult to determine the interests and Registered trademark license fees, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.
The People's Court hears trademark dispute cases and, at the request of the right holder, orders the destruction of goods belonging to counterfeit registered trademarks, except in special circumstances; goods mainly used for manufacturing Materials and tools used to counterfeit goods with registered trademarks shall be ordered to be destroyed without compensation; or in special circumstances, ordered to be banned.The aforementioned materials and tools will be prohibited from entering commercial channels without compensation.
Goods with counterfeit registered trademarks shall not enter commercial channels after only removing the counterfeit registered trademarks.
2. What are the infringements of trademark rights?
Legal basis: "Trademark Law of the People's Republic of China"
Article 57 Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
p>(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;
(2) Using a trademark that is similar to the registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion ;
(3) Selling goods that infringe the exclusive rights of registered trademarks;
(4) ) Counterfeit or create without authorization the registered trademark logo of others or sell the registered trademark logo that has been forged or manufactured without authorization;
(5) Replace the trademark logo without the consent of the trademark registrant Registering a trademark and putting the goods with the replaced trademark into the market;
(6) Intentionally providing facilities for infringement of the exclusive rights of others' trademarks and helping others to commit infringement Acts of exclusive use of trademarks;
(7) Causing other damage to the exclusive right of registered trademarks of others.
In fact, the trademark use right fee is not mandated by law. The trademark use right fee should be determined by the licensor and the licensee through negotiation. In case of trademark infringement, In the case, there are many reference bases for determining the compensation standard, and it cannot only be determined with reference to the trademark usage fee. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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