What is the standard of compensation for intellectual property infringement
1. First of all, from the perspective of the law of economic equivalence, the The law requires that the perpetrator pay an equal price for the consequences of his behavior, which is roughly equal to the price the victim deserves. Consideration is always the basic element in determining compensation.
2. Secondly, from "equal value paid" From the perspective of this basic principle of civil law, according to this principle, on the one hand, in legal economic activities, unless otherwise provided by law or otherwise agreed in a contract, the party that obtains another person’s property interest shall pay the other party a corresponding price or payment. Other property interests; on the other hand, in illegal civil activities, the perpetrator must compensate for the losses caused by his actions, and the scope of compensation should be consistent with the scope of the losses.
3. Thirdly, from the perspective of "compensation for damages" itself, the so-called "compensation" means "compensation" and "compensation", and "compensation for damages" refers to compensation for the losses suffered by the victim due to infringement. , to restore the damaged rights to the state before the infringement. It can be seen that only the actual damage caused by the infringer to the right holder (including property loss and mental damage) can be used as the standard for damages to satisfy the above requirements at the same time. The establishment of this standard provides a fair and reasonable objective economic basis for the subsequent scientific determination of the scope and amount of damages.
"Copyright Law"
Article 49 In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; actual loss If it is difficult to calculate, compensation can be given 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 make a judgment of five hundred thousand yuan based on the circumstances of the infringement. The following compensation.
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