Legal analysis
Standard of compensation amount: (1) The compensation amount for infringement of the exclusive right to use a trademark shall be determined according to the actual loss suffered by the obligee due to infringement; (2) if the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; (3) If it is difficult to determine the loss of the obligee or the benefit obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee; (4) Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, can be determined in accordance with the above method to determine the amount of compensation for more than one time and less than three times. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. 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. In patent infringement litigation, the plaintiff should first collect and sort out evidence according to the four elements of tort liability stipulated in China's civil tort laws and regulations. At the same time, combined with the particularity of patent infringement, the following evidence should be provided as a whole: (1) plaintiff's qualification certificate: natural person's identity card, enterprise and institution's business license or institution registration certificate. (2) Patent certificate: it proves the ownership status of the patent right when it is authorized. (3) Copy of the patent register: In a sense, the copy of the patent register is more important evidence than the patent certificate. Because the copy of the patent register records the change of patent ownership after the patent is authorized. (4) the text of patent authorization announcement: patent claims, specifications, abstracts and drawings including inventions or utility models; The design is authorized by announcement or photo and brief explanation. (5) Annual patent fee receipt: it proves that the patent continues to be valid. If a copy of the patent register is provided, the annual fee receipt may not be provided. Impose a fine on the infringer and compensate the infringer at the same time.
legal ground
Article 216th of the Criminal Law of People's Republic of China (PRC), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.