How to determine the amount of infringement compensation
In case of infringement of copyright or copyright-related rights, the infringer 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 infringer's 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.
Infringement The amount of compensation for a patent right shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained 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.
Loss of the right holder, If it is difficult to determine the benefits obtained by the infringer and the patent license royalties, the People's LawThe court may determine the amount of compensation to be between RMB 10,000 and RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement.
Article 48 of the Copyright Law stipulates: If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; the actual loss is difficult to calculate , compensation may be provided based on the illegal income of the infringer. 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.
Infringement of Article 65 of the Patent Law The amount of compensation for a patent right shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits gained 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.
Loss of the right holder and benefits gained by the infringer If it is difficult to determine both the patent license fee and the patent license fee, the people's court may determine a compensation of not less than RMB 10,000 but not more than RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement.
"The Supreme People's Court's Application in the Trial of Patent Dispute Cases" Several Provisions on Legal Issues"
Article 20 Right holders as specified in Article 65 of the Patent LawThe actual losses suffered due to infringement can be calculated based on the total reduction in sales of the patentee's patented products due to infringement multiplied by the reasonable profit of each patented product. If it is difficult to determine the total reduction in sales volume of the right holder, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as the actual loss suffered by the right holder due to the infringement.
Infringement under Article 65 of the Patent Law The benefits gained by a person due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales profits.
Article 21 The rights holder’s losses or If the benefits obtained by the infringer are difficult to determine and there is a patent license fee that can be used as a reference, the people's court may refer to the patent license fee based on factors such as the type of patent right, the nature and circumstances of the infringement, the nature, scope, and time of the patent license. The amount of compensation shall be reasonably determined by a multiple of The provisions of paragraph 2 determine the amount of compensation.
Article 22 The right holder claims that it is For reasonable expenses paid to stop the infringement, the people's court may calculate it in addition to the amount of compensation determined in Article 65 of the Patent Law.
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