商标侵权案件适用法定赔偿的各国法律规定

本文介绍了美国、英国、澳大利亚、加拿大和日本等国家在商标侵权案件中适用法定赔偿的法律规定，列出了具体的法律名称和对应的法条内容。

1. 美国

法律名称: Lanham Act
法条: 15 U.S.C. §1117(a)
原文: 'In assessing damages under the provisions of this subsection, the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.'

2. 英国

法律名称: Trade Marks Act 1994
法条: Section 16(3)
原文: 'Where the infringement is shown to be innocent, the plaintiff shall not be entitled to damages against the defendant who proves that he did not know, and had no reason to suspect, that the trademark was registered or that there was exclusive right to use it. In any other case, damages shall be such as may be necessary to compensate the plaintiff for the loss he has sustained by reason of the infringement, together with, in the case of registered trademarks, any profits made by the defendant by reason of the infringement.'

3. 澳大利亚

法律名称: Trade Marks Act 1995
法条: Section 126(1)
原文: 'Where a person infringes a registered trademark, the owner of the trademark is entitled to recover damages from the person for the infringement. The damages are such as the owner has suffered because of the infringement.'

4. 加拿大

法律名称: Trade-marks Act
法条: Section 20(1)
原文: 'Subject to subsections (3) and (4), the owner of a registered trademark is entitled to recover, in respect of any infringement of the trademark, (a) the profits that the person who infringed the trademark has derived from the infringement; (b) the damages sustained by the owner of the trademark as a result of the infringement; and (c) punitive damages that the court may consider appropriate, having regard to all the circumstances of the case, in addition to any award under paragraph (a) or (b).'

5. 日本

法律名称: Trademark Act
法条: Article 28
原文: '(1) In the case where a person infringes a registered trademark, he/she shall be liable to compensate for the damages suffered by the right holder of the trademark as a result of the infringement. (2) The amount of damages under the preceding paragraph shall be determined based on the actual damages suffered by the right holder of the trademark as a result of the infringement.'

注: 本文仅供参考，具体法律适用情况请咨询专业律师。