What is the method for calculating the amount of damages for trademark infringement
Calculation of damages for trademark infringementTrademark LawArticle 63 has clear provisions.
"Trademark Law of the People's Republic of China" 》Article 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement; the right holder’s loss or If the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by reference to a multiple of the trademark license fee. 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 must try its best to prove the right holder and it is related to the infringement. If the account books and information are mainly in the possession of the infringer, the infringer may be ordered to provide account books and information related to the infringement; if the infringer fails to provide or provides false account books and information, the people's court may refer to the rights holder's claims and the information provided. Evidence determines the amount of compensation.
The actual losses suffered by the right holder due to infringement . If it is difficult to determine the benefits obtained by the infringer due to the infringement or the license fee for the registered trademark, the people's court shall award a compensation of not more than five million yuan based on the circumstances of the infringement.
When the People’s Court hears trademark dispute cases, the right holder shall Request that goods belonging to counterfeit registered trademarks be ordered to be destroyed, except under special circumstances; materials and tools mainly used to manufacture goods with counterfeit registered trademarks be ordered to be destroyed without compensation; or, under special circumstances, be ordered to prohibit the aforementioned Materials and tools enter commercial channels without compensation.
Goods with counterfeit registered trademarks shall not be replaced by only removing the counterfeit Enter business channels after registering a trademark.
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