Civil Compensation Standards for Trademark Infringement
Article 63 of my country’s Trademark Law stipulates the amount of compensation for infringement of the exclusive right to use a trademark. , refers to the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including reasonable expenses paid by the infringed party to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
Civil liability for trademark infringement
According to the provisions of Article 118 of the "General Principles of Civil Law" , if a trademark right is infringed upon, the party has the right to demand that the infringement be stopped, the impact eliminated, and losses compensated. According to Article 53 of the Trademark Law, the infringed party may request the infringer to immediately stop the infringement and compensate for losses. Among them, the amount of infringement compensation is the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the reasonable expenses paid by the infringed party to stop the infringement.
If the first two are difficult to determine, the people's court will award a compensation of less than 500,000 yuan based on the circumstances of the infringement. If a trademark registrant or interested party has evidence to prove that others are committing or about to commit acts that infringe upon the exclusive right to use a registered trademark, and if not stopped in time, their legitimate rights and interests will be irreparably damaged, they may file a lawsuit with the People's Court before filing a lawsuit. Apply for measures to order the cessation of relevant behavior and property preservation.
This provision seems to be relatively complete on the amount of compensation for trademark infringement, but there are problems in actual operation. What are the most specific benefits obtained without external infringement? What losses have been suffered by the infringed party and how to determine the specific amount. If these problems cannot be solved, compensation for trademark infringement is empty talk. Here, the author would like to discuss it from the perspective of benefits gained from infringement, benefits lost from infringement and legal benefits.
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