|Trademark Act Article 71Nov. 30, 2016
Calculation of damages
Damages demanded by the proprietor of a registered trademark may be calculated according to any of the following:
(1) the method provided in Article 216 of the Civil Code; the proprietor is entitled to demand damages based on the amount of the balance derived by subtracting the profit earned through using the trademark after infringement from the profit normally expected through using the same trademark, if no method of proof can be furnished to prove the damage suffered;
A court may, at its discretion, reduce the amount of damages referred to in the preceding paragraph if such amount is apparently unequal.
|Civil Code Article 216June 19, 2019
Unless otherwise provided by the act or by the contract, the compensation shall be limited to the injury actually suffered and the interests which have been lost. "Interests which could have been normally expected are deemed to be the interests which have been lost, according to the ordinary course of things, the decided projects, equipment, or other particular circumstances.
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