When it comes to intellectual property, this is a topic that is often neglected, but is closely related to everyone. When you open a book at random, when you buy a bottle of toilet water or a lipstick, when you chat with friends on wechat send a meme...
Recently, the People's Court of Luxi County in Jiangxi Province successfully mediated a intellectual property dispute.
Brief of the case
Zhou, an online store owner, printed the trademark of a well-known brand on the products he sold without permission, attracting fans of the brand to compete to buy the trademark, which is patented by a company. After finding Zhou's behavior, a company filed a lawsuit with the court, asking Zhou to stop selling its infringing products, and compensate for economic losses totaling more than 30,000 yuan in accordance with laws and regulations.
Court mediation
After receiving the case, the judge sent the certification materials of the trademark registration certificate to Zhou mou and listed the relevant laws, Zhou Mou said that he agreed to pay compensation, but hoped that the court would come forward and negotiate with the plaintiff to reduce part of the amount. After the judge communicated with the plaintiff, the plaintiff agreed to waive, and the infringement compensation was paid the next day, and the plaintiff immediately sent an application for withdrawal.
Selling the "fake" that infringes on the exclusive right of others to use the trademark can be understood to compensate for the loss, but "only earned a few thousand yuan", why should you pay tens of thousands of yuan?
The standard of compensation for infringement of trademark exclusive right is as follows:
Article 63 of Trademark Law of the People's Republic of China:The amount of compensation for the infringement of the right to exclusive use of a trademark shall be determined according to the actual losses suffered by the right holder as a result of the infringement. If the actual loss is difficult to determine, it may be determined in accordance with the interests the infringer has obtained as a result of the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the license fee of the trademark. Where the right to exclusive use of a trademark is maliciously infringed, and the circumstances are serious, the amount of compensation may be determined at not less than one time but not more than five times the amount determined in accordance with the above-mentioned methods. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringing act.
Judge's note
In practice, it is difficult for the plaintiff to prove specific losses, and the defendant often does not have a sound financial management system and standardized financial books. The court will generally consider factors such as the reputation of the plaintiff's registered trademark, the time of infringement, the degree of fault, the scale of the defendant's business and the reasonable expenses incurred by the plaintiff to stop the infringement in order to determine the amount of compensation. (Source: Gold name label)
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