How to compensate for trademark infringement ,What is the compensation standard?
Article 63 of the "Trademark Law" stipulates: The Amount of compensation for infringement of 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, the amount of compensation may be based on The benefits obtained by the infringer due to the infringement shall be determined; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it 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 has tried its best to prove the right holder, and the account books and materials related to the infringement are mainly provided by the infringer. If the infringer has the knowledge of the infringer, the people's court may order the infringer to provide account books and information related to the infringement; if the infringer fails to provide or provides false account books and information, 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, the benefits gained by the infringer due to the infringement, and the noticeIf it is difficult to determine the license fee for a registered trademark, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.
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