1. What are the principles for determining trademark infringement and who determines it
The principles for determining trademark infringement mainly include the following aspects: First, the perpetrator must There is a subjective intention to deliberately infringe on trademark rights, which is manifested in knowing that the trademark involved belongs to someone else and deliberately offending its legality.
The perpetrator must actively commit trademark infringement, such as using someone else’s trademark without permission. Registered trademarks or counterfeiting or illegally producing other people’s registered trademarks.
Finally, this infringement must have caused substantial economic losses to the trademark owner , including both financial losses and non-pecuniary losses such as irreparable damage to product reputation and corporate image.
It should be noted that there must be a certain amount of time between this infringement and the actual damage consequences. There is a clear causal link, which means that otherwise the illegal behavior would not directly lead to the harm.
When it comes to trademark infringement cases, liability is usually determined by the relevant legal agency or The High Court is responsible.
The rights holder (i.e. the owner of the trademark rights and the party with vital interests affected) can also file a lawsuit with the court in accordance with the law. , to determine whether it constitutes an infringement and to request corresponding compensation.
The court. Each trademark infringement case will be seriously reviewed and adjudicated with reference to the determination principles established above and current relevant legal provisions.
Article 29 of the "Civil Procedure Law" stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile.
2. Standard calculation method for trademark infringement compensation
According to the provisions of the law, the perpetrator of the infringement obtains during the infringement process The illegal gains or the actual losses suffered by the injured party in the infringement are included in the scope of infringement compensation.
It also covers the just costs required by the injured party to take lawful measures to prevent further infringements.
If it is difficult to accurately measure the benefits gained by the infringing party due to the alleged infringement or the losses incurred by the injured party due to the infringement, the relevant judicial agencies will conduct a trial and make a ruling based on the specific circumstances of the infringement. The amount of compensation shall not exceed RMB 500,000.
According to this, it is not difficult to find that there are three main calculation methods for trademark infringement compensation: first, compensation is based on the illegal gains obtained by the perpetrator of the infringement through infringement; secondly, compensation is based on the injured party Compensation for economic losses caused by infringement; finally, if neither of the above two standards can be accurately quantified, the principle of statutory compensation will be invoked.
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