Research On The Calculation Method Of Compensation For Trademark Infringement Damage

The number of trademark infringement cases is increasing,and the protection of the exclusive right holder for trademark registration is receiving increasing attention.The Trademark Law stipulates three more accurate calculation methods for compensating the losses of the right holder,including actual losses of the right holder,infringement profits,and multiple licensing fees,and provides for legal compensation as a cover.However,in the compensation for trademark infringement damages,the application rate of statutory compensation is high,and the calculation methods of the loss of the right holder,the profit of the infringer,and the multiple of the license fee are less applicable,resulting in a low application rate of punitive compensation and an overall low amount of compensation.This phenomenon has attracted the attention of the theoretical and practical circles.There are many papers and monographs on the calculation methods of trademark infringement damages,but from the perspective of legislation and practical cases,the above phenomenon has not been significantly alleviated.Therefore,it is still necessary to study the application of the calculation methods of trademark infringement damages.The research aims to improve the applicability of the three compensatory compensation calculation methods in trademark infringement compensation cases,and to improve the phenomenon of excessive application of statutory compensation and low compensation amount in practice.A more accurate calculation of the compensation amount is beneficial for strengthening the protection of trademark rights holders,and can also guide practical operations through detailed argumentation and reasoning.The study of legal issues must be based on empirical analysis,using case analysis method.Through observing the current situation of calculation methods applied to trademark infringement damages in some cases,it is necessary to explore the reasons why trademark infringement damages are more applicable to legal compensation,but less applicable to the loss of the right holder,infringement profit,and license fee multiple.Trademark rights have intangible and non competitive characteristics,and their value is uncertain,making it difficult to accurately prove losses.In practice,due to the high proof standards required for the three compensatory compensation calculation methods and insufficient evidence from the rights holders,the statutory compensation as a cover is widely used.To improve this situation,it is necessary to optimize the calculation method of trademark infringement compensation.On the one hand,starting from the three compensatory compensation calculation methods,the restrictions on their application order should be lifted,the requirements for accuracy should be appropriately reduced,the standard of proof should be lowered,and multiple methods should be used to make them more applicable.On the other hand,starting from legal compensation and punitive compensation,we need to increase the difficulty of applying legal compensation,classify legal compensation,strengthen the reasoning obligation of applying legal compensation,clarify the relationship between legal compensation and punitive compensation,and clarify the application situation and multiple of punitive compensation.The improvement of compensation for trademark infringement damages can also be considered from the perspective of civil litigation procedures to support the optimization of substantive law.