How to determine the amount of compensation for patent infringement
Article 65 of the "Patent Law": The amount of compensation for infringement of patent rights shall be based on the amount of compensation for the infringement of the right holder. The actual loss suffered shall be determined; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
It is difficult to protect the rights holder’s losses, the interests gained by the infringer and the patent license royalties. If it is determined, the people's court may determine to award a compensation of not less than 10,000 yuan but not more than 1 million yuan based on factors such as the type of patent right, the nature and circumstances of the infringement.
"Patent Law"
Article 66: If the patentee or interested party has evidence to prove that others are committing or about to commit acts that infringe on patent rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may file a lawsuit before filing a lawsuit. Apply to the People's Court to take measures ordering the cessation of relevant behavior.
When applying, the applicant shall provide a guarantee; if no guarantee is provided, the application shall be rejected.
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