How to compensate for software copyright loss
There should be three basic principles for calculating the amount of compensation for software copyright infringement, namely:
(1) Do not allow the infringer to make illegal profits;
(2) Sufficient to effectively stop infringement;
(3) Cause the copyright owner to suffer damages due to infringement Actual losses are compensated. Regarding the calculation method of compensation for software copyright infringement, you can refer to my country's relevant regulations on trademark infringement, patent infringement and unfair competition.
In trademark infringement cases , the infringed party can choose one of the following calculation methods to determine the amount of compensation and request compensation:
(1) The infringed party may request compensation based on the actual amount of losses suffered.
(2) The infringed party can use the profits made by the infringer due to the infringement during the infringement period (referring to the profits except costs) as the amount of compensation. For the above two types of damages The infringed party can choose any of the calculation methods, which is an effective method for solving practical problems and protecting trademark rights based on actual conditions.
2. The method for calculating the amount of loss compensation in patent infringement cases is based on the "Several Issues of the Supreme People's Court on the Trial of Patent Dispute Cases" "Answer" (December 29, 1992), there can be the following three types:
(1) The infringed party can request compensation based on the actual amount of losses it has suffered. The calculation method is: due to the infringer’s infringing products being sold on the market, the patentee’s patented products have lost If sales volume decreases, the product of the total reduction in sales volume multiplied by the profit of each patented product is the actual economic loss of the patentee.
(2) The infringed party can use the profits made by the infringer due to the infringement during the infringement period as the amount of compensation. The calculation method is: the infringer The product of the profit earned from each infringing product multiplied by the total number sold on the market is the total profit earned by the infringer.
(3) The amount of the patentee’s loss compensation shall be presumed to be no less than the reasonable royalty fee for the patent implementation license.
Obviously, aboutMethods (1) and (2) for patent infringement are the same as methods (1) and (2) for trademark infringement; method (3) is unique to dealing with patent infringement. In patent infringement trial practice, the court has the right to choose one of the above three methods to determine the amount of compensation based on the specific circumstances of the case. In addition, the court also allowed the parties to negotiate other fair and reasonable methods to calculate the amount of compensation.
Article 47 of the Copyright Law
Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Publishing a work created in collaboration with others as a work created solely by oneself without the permission of the co-author ;
(3) Not participating in the creation, for the purpose of seeking profit Personal fame and fortune, signing on other people’s works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Exhibition, Making movies and using works in a similar way to making movies, or using works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Unfilmed works and works created using methods similar to filmmaking, computer software, and sound recordings With the permission of the copyright holder of video recordings or copyright-related rights holders, the works or audio and video recordings may be leased, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Broadcasting or publicly transmitting live performances without the permission of the performers , or recording their performances;
(Eleven )Other infringement of copyright and copyright-related rights and interests.
The above is the relevant knowledge compiled by the editor for you. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
