What is the relationship between the determination of the amount of statutory compensation for trademark infringement and the circumstances of the infringement
Amount of compensation for infringement of trademark exclusive rights , determined based on the actual losses suffered by the right holder due to the infringement; 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 of the right holder or the benefits obtained by the infringer are difficult to determine, refer to the trademark license The multiple of the usage fee 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.
Article 60 of the Trademark Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of the Law causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request a The industrial and commercial administration department shall handle it.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to immediately stop, the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If the illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. rightAnyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
Dispute over the amount of compensation for infringement of trademark exclusive rights , the parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation agreement after it becomes effective, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Trademark LawArticle 63 The amount of compensation for infringement of the exclusive right to use a trademark shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine , can be determined based on the benefits obtained by the infringer due to the infringement; if it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, it shall be reasonably determined with reference to the 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 shall If every effort has been made to provide evidence and the account books and materials related to the infringement are mainly in the possession of the infringer, the infringer may be ordered to provide the account books and materials related to the infringement; if the infringer fails to provide or provides false account books or materials, the people's court shall The court may refer to the right holder’s claims and the evidence providedDetermine 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.
The above is the relevant information summarized by the editor of Legal Savior Network If you still don’t understand the content of this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
