How to determine the amount of compensation for trademark infringement
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, it may be determined based on the benefits gained by the infringer due to the infringement; the losses incurred by the right holder or the benefits gained by the infringer If it is difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee.
Article 63 of the Trademark Law: 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 serious circumstances, The amount of compensation can be determined at more than one time and less than three times the amount determined according to the above method.Forehead. 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 must determine the amount of compensation after the right holder has Try your best to provide evidence, and if the account books and materials related to the infringement are mainly in the possession of the infringer, the infringer can be ordered to provide the account books and materials related to the infringement;
If the infringer fails to provide or provides false account books or information, the people's court may make a determination with reference to the rights holder's claims and the evidence provided. Amount of compensation. If it is difficult to determine the actual losses suffered by the right holder due to the infringement, the benefits gained by the infringer due to the infringement, and the registered trademark license fee, the people's court shall award a compensation of not more than three million yuan based on the circumstances of the infringement.
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