How much should I pay for being sued for intellectual property rights?

Enterprise A in China applies for a trademark registration in China, and enterprise B in country B applies for the same trademark in country B, and then authorizes domestic enterprise C to produce products with the trademark, and then directly sells them to country B. This involves the regionality of intellectual property rights, that is, a trademark applied in one country can only be protected in this country. Specific to this case, of course, the industrial and commercial bureau will investigate and deal with the production as soon as it is discovered, and the customs will definitely prohibit the export or even detain and confiscate it. People's courts have different opinions on how to hear the case. Fujian court held that it did not constitute infringement, and Beijing court also held that it did not constitute infringement, but Zhejiang court held that it was infringement. We say that the main function of a trademark is to distinguish the source of goods, and only when it constitutes consumer confusion can it constitute infringement. Since domestic enterprises only process and do not sell in China, of course, it will not lead to confusion among domestic consumers, and of course it will not constitute infringement. Therefore, this case does not constitute infringement in theory, but in practice, industry and commerce, customs, public security and courts may find infringement.

Second, the amount of compensation is difficult to determine.

The amount of compensation for intellectual property rights is generally judged according to the plaintiff's loss or the defendant's profit. If it is difficult to find out the above losses or profits, the plaintiff may demand compensation of up to 500,000 yuan as stipulated by law, and then the judge will set a figure within 500,000 yuan according to the actual situation. China generally pays less than 500,000 yuan, and the United States has similar regulations. The standard is $654.38 million. Of course, countries have also sentenced tens of millions or even hundreds of millions. For example, Hangzhou Intermediate People's Court of Zhejiang Province made a first-instance judgment on the case of Zhao v. Zongheng 2000 Co., Ltd. and its franchisees * * Heyuan Clothing Co., Ltd., * * Clothing Co., Ltd. and Zhejiang * * Department Store Co., Ltd., and Zongheng 2000 Co., Ltd. immediately stopped using the "g 2000" trademark logo on its socks, scarves, ties and belts to infringe the registered trademark right of "2000" and destroyed the corresponding goods. Heyuan Company, * * Company and * * Department Store immediately stopped selling infringing products; * * The company compensated Zhao for economic losses of 20 million yuan.

There are things like this:

In the trademark infringement cases of Taihe Company, * * Honghe Business Department and * * Honghe Guangming Co., Ltd., the final judgment of Guangdong Higher People's Court * * Honghe Guangming Co., Ltd. compensated the obligee for 6,543,800,000 yuan.

2. In the case of trademark infringement between China Cereals, Oils and Foodstuffs (Group) Co., Ltd. and * * Jiayu Oriental Wine Co., Ltd., the final judgment of the Supreme People's Court was that * * Jiayu Oriental Wine Co., Ltd. compensated the obligee 106 1000 yuan.

Ye Lan Liquor Industry Co., Ltd. v. * * Pepsi Beverage Co., Ltd. and * * Lianhua Huashang Group Co., Ltd., and the final judgment of Zhejiang Higher People's Court * * Pepsi Beverage Co., Ltd. compensated the obligee for 3 million yuan.

However, in practice, it is very difficult for the plaintiff to prove the loss. In order to prove the decrease of sales in the infringing area, it is generally necessary to submit accounting statements or audit reports, or pay the difference of value-added tax. However, it is very difficult to prove the defendant's profit because some enterprises have two sets of financial books. After the financial books are audited, the defendant loses money and can't lose any money. The amount of tort compensation has always been a headache for legal professionals, including judges and jurists, and it has not been solved perfectly so far. In the United States, expert witnesses are generally hired to comprehensively evaluate a compensation amount according to the plaintiff's investment, research and development expenses, the popularity of the plaintiff's goods, the malicious situation of the defendant's infringing supervisor, and the defendant's infringing profit. Of course, some courts pay according to the amount stipulated in other trademark and patent licensing agreements, but there is a problem that the amount of this agreement is easy to falsify.

Third, how to deal with the infringement after the judgment is stopped?

After the court ruled that the other party stopped the infringement, the other party continued to infringe. How to deal with it? Can it be dealt with as the crime of refusing to execute the court's judgment or as the second infringement? In practice, prosecutions are generally made according to the judicial interpretation of the Supreme Court.

Fourth, the specific way to stop the infringement is rarely involved in the judgment.

The Higher People's Court of Zhejiang Province made a judgment, and decided to stop all vehicle sales because a car light infringed others' appearance patent. This judgment is debatable. We believe that if the decision to stop the infringement will cause a huge imbalance between the interests of both parties, or damage the interests of the announcement, we can not decide to stop the infringement, but we can clarify the compensation method for the infringement and consider promoting the reconciliation between the two parties by means of patent license and trademark license. This is easy to understand. For example, when our TV station was built, suddenly someone said that the appearance infringed its copyright, because a painting was made in the 1980s, and the appearance of the CCTV building is exactly the same. If the infringement is stopped, the whole building can only be demolished and rebuilt. This will cause huge economic waste and harm the public interest, but it can be decided to make appropriate changes without violating the building law, or not to change the existing appearance after giving economic compensation.