On October 14, 2024, the National Intellectual Property Administration issued the "Measures for the Calculation of Illegal Turnover in Trademark Infringement Cases" (hereinafter referred to as “the Measures”).
Article 4 of the Measures clarifies the definition of illegal turnover in trademark infringement cases: Illegal turnover refers to the total value of infringing goods involved in the trademark infringement committed by the party or the business income generated by the infringement.
Article 5 of the Measures further refines and clarifies the provisions as follows:
The value of infringing goods that have been sold shall be calculated based on the actual sales price.
The value of infringing goods that have not yet been sold shall be calculated based on the actual average sales price of the infringing goods that have been ascertained; if the actual average sales price cannot be ascertained, it shall be calculated based on the price tag of the infringing goods.
If the actual sales price cannot be ascertained or the infringing goods have no price tag, the price shall be calculated based on the median market price of the infringing goods during the infringement period.
Source:https://www.gov.cn/zhengce/zhengceku/202411/content_6984300.htm