What are the forms of civil liability for trademark infringement
For trademark infringement, the civil liability is to compensate the parties involved.
The amount of compensation for infringement of trademark exclusive rights shall be based on the right The actual losses suffered by the person due to infringement are determined; if the actual losses are difficult to determine, they can be determined based on the benefits obtained by the infringer due to the infringement; if the losses suffered by the right holder or the benefits obtained by the infringer are difficult to determine, refer to the trademark license fee The multiple is reasonably determined. 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. plaque and destroyed.
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