How to determine the amount of compensation for tr

2022-09-21
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How to determine the amount of compensation for trademark infringement

release date: Source: People's responsibility editor: perhaps Views: 9850 copyright and disclaimer

core tip: on the "2016 China Competition Policy Forum" held not long ago, Su Chi, President of the Beijing Intellectual Property Court, once made it clear that "in the trial of intellectual property rights, the Beijing Intellectual Property Court has strengthened its crackdown on infringement and greatly increased the amount of compensation for infringement damage." At the beginning of the establishment of the Beijing Intellectual Property Court in 2014, Su Chi, as the first president, said, "let the infringer dare not infringe again and let the obligee get full and reasonable compensation." In fact, only by strengthening the compensation for infringement and increasing the infringement cost of the infringer, can the legitimate rights and interests of the real obligee be realized

at the "2016 China Competition Policy Forum" held not long ago, Su Chi, President of the Beijing Intellectual Property Court, made it clear that "in the trial of intellectual property rights, the Beijing Intellectual Property Court has strengthened its crackdown on infringement and greatly increased the amount of compensation for infringement damage." At the beginning of the establishment of the Beijing Intellectual Property Court in 2014, Su Chi, as the first president, said, "let the infringer dare not infringe again and let the obligee get full and reasonable compensation." In fact, only by strengthening the compensation for infringement and increasing the infringement cost of the infringer, can the legitimate rights and interests of the real obligee be realized

Article 63 of China's current trademark law clearly stipulates the amount of compensation for trademark infringement, The first paragraph stipulates: "when determining the amount of compensation for infringement of the exclusive right to use a trademark, it shall be determined according to the actual losses suffered by the obligee due to the infringement; if the actual losses are difficult to determine, it may be determined according to the interests obtained by the infringer due to the infringement; if the losses of the obligee or the interests obtained by the infringer are difficult to determine, it shall be reasonably determined by referring to the multiple of the trademark license fee." The third paragraph stipulates: "if it is difficult to determine the actual losses suffered by the obligee due to the infringement, the interests obtained by the infringer due to the infringement, and the licensing fee of the registered trademark, the people's court shall make a judgment to pay compensation of less than 3 million yuan according to the circumstances of the infringement."

according to the above provisions, the people's court will first consider the actual losses suffered by the obligee when trying trademark infringement cases to determine the amount of compensation. However, in judicial practice, it is difficult for the obligee to provide evidence for the actual losses suffered due to infringement, and there is a reality that it is difficult to provide evidence. If the actual loss is difficult to determine, it is necessary to further consider the benefits obtained by the infringer due to infringement. The evidence of the interests obtained by the infringer is completely in the possession of the infringer. In practice, it is difficult for the obligee to provide evidence to prove the interests obtained by the infringer, and the infringer often does not provide the books, materials and other evidence related to the infringement that is detrimental to him. 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 in 2008 by referring to the claims and evidence provided by the obligee", Article 14 of the interpretation of the Supreme People's Court on 4. Accuracy of experimental force: better than ± 1% of the indicated value on Several Issues concerning the application of law in the trial of Trademark Civil Dispute Cases stipulates: "the benefits obtained from infringement can be calculated according to the product of the sales volume of infringing goods and the unit profit of the trademark; if the unit profit of the commodity cannot be ascertained, it shall be calculated according to the unit profit of the registered trademark commodity." Not long ago, in the case of the plaintiff Meichen Group Co., Ltd. v. the defendant Beijing Xiujie Xinxing building materials Co., Ltd. and the defendant Wang Xiaoliang's infringement of the exclusive right to use a registered trademark, the Beijing Intellectual Property Court ruled that the defendant should compensate the plaintiff Meichen for the economic losses and reasonable expenses of 10million yuan according to the above calculation method of infringement interests, It has set a record of the highest amount of compensation for trademark infringement cases since the establishment of the Beijing Intellectual Property Court. When it is difficult to determine the benefits obtained by the infringer, the multiple of the trademark license fee shall be considered for determination; If it is difficult to determine the actual losses of the screw drive and rack drive suffered by the obligee due to the infringement, the interests obtained by the infringer due to the infringement, and the licensing fee of the registered trademark, the people's court shall make a judgment to pay compensation of less than 3million yuan according to the circumstances of the infringement

on the issue of determining the amount of compensation in trademark infringement cases, when it is difficult to determine the loss of the trademark infringer and the profit of the infringer, the market value of the goods involved should be taken as an important reference factor in determining the amount of compensation for infringement and should be fully considered. The amount of compensation for infringement should correspond to the market value of the goods involved, and when it can be determined that the amount of compensation has reached the statutory maximum amount of compensation, The claim of the trademark obligee for statutory maximum compensation shall be supported. The court included the value of the goods involved in the case into the factor of determining the amount of compensation, which increased the infringement cost of the infringer, so as to effectively prevent infringement and stop infringement, and finally let the overheated market sentiment gradually calm down, so as to protect the legitimate rights and interests of the obligee, and provide a good legal environment for the innovation driven development strategy being implemented

as Su Chi, President of the Beijing Intellectual Property Court, said, "it is better to judge the infringer crying and Howling than to let the obligee complain." We should make infringers pay an unbearable price, make them dare not go further, purify the market competition environment, and eliminate worries for innovation. Justice should also dare to give the strongest voice in the pricing of intellectual property market, and promote the transformation and application of intellectual property through the leading role of judicial protection

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