Determination of the amount of trademark infringement: calculate the illegal business amount according to the marked price of the infringing product; If the accounts of the investigated parties are clear and the sales records are complete, it shall be calculated according to the actual sales price. 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.
Legal objectivity:
Determination of the amount of trademark infringement When people's courts try trademark infringement cases to determine the amount of compensation, they will first consider the actual losses suffered by the obligee. However, in judicial practice, it is difficult for the obligee to prove the actual loss suffered due to infringement, and it is difficult to prove it. If the actual loss is difficult to determine, it is necessary to further consider the benefits that the infringer obtains from the infringement. However, the evidence of the infringer's interest is completely in the hands of the infringer. In practice, it is difficult for the obligee to provide evidence to prove the benefits obtained by the infringer, and the infringer often does not provide books, materials and other evidence that is not conducive to himself. In this case, the second paragraph of Article 63 of China's current Trademark Law stipulates that "the people's court may determine the amount of compensation with reference to the claim of the obligee and the evidence provided", and Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes stipulates: "The benefits obtained from infringement can be calculated according to the product of the sales volume of infringing goods and the profit of the trademark unit; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity. " On the issue of determining the amount of compensation for trademark infringement cases, when it is difficult to determine the loss and profit of the trademark infringer, the market value of the goods involved should be taken as an important reference factor to determine the amount of infringement compensation and fully considered. The amount of tort compensation should correspond to the market value of the goods involved. When it can be determined that the compensation amount reaches the statutory maximum compensation amount, the trademark owner's claim for the statutory maximum compensation amount shall be supported. The court included the value of the goods involved in the case in the determination of the compensation amount, which increased the infringement cost of the infringer, effectively prevented and stopped the infringement, protected the legitimate rights and interests of the obligee, and provided a good legal environment for the innovation-driven development strategy being implemented. Although intellectual property is a private right, although the law also recognizes its exclusiveness, because people's intellectual achievements are highly public and closely related to the development of social culture and industry, it is not suitable for anyone to monopolize for a long time, so the law stipulates many restrictions on intellectual property: 1. From the perspective of the occurrence of rights, the law stipulates various positive and negative conditions and publicity methods. For example, the occurrence of patent rights requires application and examination and approval. There are various conditions for the invention, utility model and design to be granted patent rights (Articles 22 and 23 of the Patent Law), but some matters are not granted patent rights (Article 25 of the Patent Law). Although there are no restrictions on the application, examination and registration of copyright, there are also restrictions in Articles 3 and 5 of the Copyright Law. 2. The law has special provisions on the term of rights. This is a big difference between intellectual property and ownership. 3. The obligee has certain use or implementation obligations. The law provides for compulsory license or compulsory license system. For copyright, the law also stipulates a fair use system.