How to calculate profits from infringement?

After obtaining the patent right, the patentee can use his patent to obtain profits. However, some criminals are driven by profits and will ignore the provisions of the law and cause infringement of the patentee. In this case, the legal judgment Generally, corresponding compensation will be awarded to the patentee. So how should the amount of compensation for patent infringement disputes be calculated? The editor of Legal Savior Network will share this issue with everyone.

How to calculate profits from infringement

The amount of compensation for infringement shall be the amount of compensation caused by the infringement during the infringement period. The benefits obtained, or the losses suffered by the infringed party due to the infringement during the period of infringement, include reasonable expenses paid by the infringed party to stop the infringement.

"Copyright Law"

Article 49 Whoever infringes upon copyright or rights related to copyright shall infringe The person shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.

"Patent Law"

Article 65 The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it may be determined according to the benefits obtained by the infringer due to the infringement. The loss of the right holder Or if the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by reference to a multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the right owner to stop the infringement.

If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the People's Court may Depending on factors such as the type of patent right, the nature and circumstances of the infringement, a compensation of not less than 10,000 yuan but not more than 1 million yuan will be determined.

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