How does the law stipulate the compensation for trademark infringement? According to Article 63 of China's Trademark Law, the amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. The amount of compensation for trademark infringement in this provision seems to be relatively perfect, but there are problems in actual operation, such as what is the most specific benefit obtained by infringement without external rights, what is the loss suffered by the infringed party, and how to determine the specific amount. Characteristics and exclusiveness of trademark right 1. Also known as exclusivity or monopoly, it means that a trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the exclusive right to the owner of a registered trademark is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and obtain accurate information on the source of the commodity. In other words, all unauthorized commercial use will constitute an infringement of the exclusive right to use a trademark. 2. timeliness. Refers to the term of validity of the exclusive right to use a trademark. During the period of validity, the exclusive right to use a trademark is protected by law. If it is not renewed after the period of validity, it will no longer be protected by law. Trademark laws in various countries generally stipulate the protection period of the exclusive right to use a trademark. Some countries set a longer time limit, while others set a shorter time limit, ranging from 20 to 7 years, mostly 10 years. China's Trademark Law stipulates that the exclusive right to use a trademark is valid for ten years. 3. regionality. The protection of the exclusive right to use a trademark refers to the restriction of geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it. If a trademark registered in China wants to obtain the exclusive right to use a trademark and be protected by law in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member countries of the agreement through international intellectual property treaties such as the Madrid Agreement. 4. property Trademark exclusive right is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be expressed by some kind of carrier, the carrier itself does not have much economic value, and only the intellectual achievements contained in the carrier can reflect great economic value. 5. category. Category, the Trademark Office of the State Administration for Industry and Commerce shall examine and approve the categories and commodity (service) project names approved in the trademark registration application submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to approved categories and projects. The Classification Table of Similar Goods and Services formulated by the State Trademark Office is based on the International Classification of Goods and Services with Registered Trademarks provided by the World Intellectual Property Organization, which divides goods and services into 45 categories. Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods (services) projects, and different trademark owners are allowed to enjoy the same or similar trademarks in different or similar categories. The amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. In case of malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. If it is difficult to determine the actual losses suffered by the obligee due to infringement, the interests gained by the infringer due to infringement, and the license fee for registered trademarks, the people's court shall award compensation of less than 3 million yuan according to the circumstances of the infringement. Bian Xiao reminds you that trademarks are identification marks in industrial activities, so the role of trademark rights is mainly to maintain order in industrial activities, which is different from that of patent rights, which is mainly to promote industrial development. The above is the relevant information summarized for you. I hope I can help you. This website is dedicated to building an excellent legal consultation platform. If in doubt, please consult a lawyer.
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The amount of compensation for patent infringement in Article 71 of the Patent Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. Article 54 of the Copyright Law of People's Republic of China (PRC), which came into effect on June 1 20265438, stipulates that the infringer shall compensate according to the actual losses suffered by the obligee or the illegal gains of the infringer; If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.