1. What is the compensation standard for brand infringement liability?
1. Product brand The classification of compensation standards in the Tort Liability Section of the Civil Code:
(1) Compensation standards for property rights infringement: If the property of others is infringed, the property loss shall be based on the market price at the time of the loss. Or calculated in other ways.
(2) Damages for revocation of permits and licenses, orders to suspend production, and suspension of business.
(3) Compensation caused by sealing, detaining or freezing property.
2. Legal basis:
"Civil Code of the People's Republic of China" Article 101 Article 179: Whoever infringes upon others and causes personal damage shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and rehabilitation expenses. reasonable expenses, as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.
"Civil Code of the People's Republic of China"1100 Article 84: If another person's property is infringed upon, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.
2. Compensation standards for mental damage in civil torts
Similarly due to Mental damage is intangible and immeasurable, and the mental damage of different individuals varies widely. Therefore, my country's civil tort mental damage compensation standard does not adopt a fixed and unified calculation method, but adopts a discretionary compensation method. The judge shall make a determination based on the specific circumstances of the case during the trial. Article 10 of the Supreme People's Court's "Interpretation on Several Issues Concerning Determination of Liability for Mental Damage in Civil Torts" clarifies the factors for determining the amount of compensation, including:
1. Tort The degree of a person's fault, unless otherwise provided by law;
2. The specific circumstances of the infringement, such as the means, occasion, and behavior;
3. The consequences of the infringement;
4. The infringer's profits;
5. The infringer's financial ability to bear liability;6. The average living standard in the location of the court where the lawsuit is filed.
Trademark regulations: 1. Sellers in trademark infringement cases 2. Sellers in trademark infringement cases Independent litigation status in 3. Selling "unknown" products infringes the exclusive rights of registered trademarks. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
