There are three methods for calculating the amount of compensation for trademark infringement:
① The profits obtained by the infringer during the infringement period can be calculated based on the sales volume of the infringing goods multiplied by the unit profit of the goods; if the unit profit of the goods cannot be ascertained, it shall be calculated based on the unit profit of the registered trademark goods.
② The losses suffered by the infringed during the infringement period, including the reasonable expenses paid by the infringed to stop the infringement (including investigation fees and attorney fees), can be calculated based on the reduction in sales of the goods caused by the infringement of the right holder or the sales volume of the infringing goods multiplied by the unit profit of the registered trademark goods.
③ The People’s Court shall award compensation of no more than 500,000 yuan based on the circumstances of the infringement. When determining the amount of compensation, the People’s Court shall mainly consider the nature, period, consequences of the infringement, the reputation of the trademark, the amount of the trademark license fee, the type, time, scope of the trademark license and the reasonable expenses for stopping the infringement.
In patent infringement cases, the purpose of submitting this evidence is to explain the calculation method or main factors considered by the plaintiff for the specific amount of compensation for economic losses based on the facts of infringement and the principle of legal liability for infringement stipulated in the Patent Law and its relevant regulations, so as to draw the court’s attention to the rationality of the plaintiff’s litigation request.
The amount of compensation for patent infringement shall be determined according to the losses suffered by the right holder due to infringement or the profits obtained by the infringer due to infringement; if the losses of the infringed or the profits obtained by the infringer are difficult to determine, it shall be reasonably determined by referring to the multiples of the patent license fee.
The losses suffered by the right holder due to infringement can be calculated based on the total number of sales reductions caused by the infringement of the patent holder’s patented products multiplied by the reasonable profit of each patented product. If the right holder’s sales volume is reduced and the total number is difficult to determine, the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement.
The profits obtained by the infringer due to infringement can be calculated based on the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The profits gained by the infringer due to infringement are generally calculated according to the infringer’s business profit. For infringers who make infringement their sole business, the profits can be calculated according to sales profits.
If the losses of the infringed party or the profits gained by the infringer are difficult to determine, and there is a patent license fee to refer to, the people’s court may reasonably determine the amount of compensation based on 1 to 3 times the patent license fee based on the type of patent right, the nature and circumstances of the infringer’s infringement, the amount of the patent license fee, the nature, scope, and time of the patent license; if there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people’s court may determine the amount of compensation based on the type of patent right, the nature and circumstances of the infringer’s infringement, and other factors, generally between RMB 5,000 and RMB 300,000, and shall not exceed RMB 500,000.