On April 12, the China National Intellectual Property Administration (CNIPA) drafted the Measures for Calculation of Illegal Turnover in Trademark Infringement Cases (Draft for Comment) (the "Draft") to solicit public opinions by May 15, 2024.

The Draft mainly involves: (1) defining the purpose and legal basis, applicable subjects, scope of cases, and the principles to be followed, among other matters; (2) clarifying the definition of illegal turnover; (3) detailing the general calculation standards for illegal turnover (including the calculation of sold goods, unsold goods, middle market rate, and the illegal turnover in service trademark infringement); (4) clarifying the calculation standards for illegal turnover in complex infringement circumstances (including infringement in contract for labor and materials, gift, renovation, trademark logo, assistance, leasing, publicity, and licensing); (5) specifying the handling of cases where the actual illegal turnover cannot be verified; (6) clarifying the cumulative calculation of illegal turnover for multiple infringements; and (7) stipulating the special circumstances where an amount will not be included in illegal turnover.

(Source: China National Intellectual Property Administration)