What are the compensation principles for design work infringement in 2023?

Due to the imperfection of the law in the past, we often heard about disputes about work infringement. So when it comes to issues involving work infringement, do you know how the infringer should compensate the owner of the work? Below, the editor of Legal Savior Network will provide you with detailed legal answers to this issue. Please see below for details.

What are the principles of compensation for infringement of design works

Design Works belong to the category of copyright, so relevant laws are also determined according to "Copyright".

1. Principle of full compensation

The principle of full compensation, also known as the principle of comprehensive compensation, is the most basic principle of compensation in modern civil law and a common practice in tort legislation and judicial practice in various countries.

2. Principle of statutory standard compensation

The so-called principle of statutory standard compensation refers to the The law clearly stipulates that if damage is caused by illegal infringement of copyright, the specific amount or range of damages should be compensated. If the court cannot ascertain the actual losses of the victim and the amount of profits made by the infringer, or the victim directly requests compensation according to the statutory minimum compensation amount, the court shall determine the amount of compensation according to the compensation amount stipulated by law.

3. The judge’s discretion in determining the principle of compensation

It is not easy to determine the result of damage to intellectual creations And the complexity and variety of the case circumstances make it impossible to simplify the compensation for copyright damages. When trying copyright dispute cases, judges often find it difficult to determine the plaintiff's losses, the defendant's gains, and the amount of compensation. I feel that the legal provisions are incomplete and there are no operable provisions to follow.

4. Principle of Limitation of Compensation for Mental Damage

The principle of limitation of compensation for mental damage refers to the damage to the moral rights and interests in copyrights enjoyed by citizens, legal persons and other civil subjects, and compensation for mental damage can be applied within the scope prescribed by law. Whether infringement of copyright can cause mental damage, cause mental damageWhether one can claim compensation for mental damage is not clearly stipulated in the General Principles of Civil Law and Copyright Law of our country.

No matter how strict and specific the legal provisions on compensation for copyright infringement are, whether the principle of full compensation or the principle of statutory compensation is applied, it cannot exclude the judge from The facts of the case ascertained during the court hearing, the specific application of the law, and the discretion based on the circumstances of the individual case within the range of the amount of compensation stipulated by the law. However, some good cases tried by judges and some advanced and scientific legal principles determined through judgments have no binding force given by law on similar cases and cannot be cited.

5. Compensation for moral damage to personal rights in copyrights should also be limited. These restrictions are as follows:

1. The application of moral damage compensation shall be in accordance with the law or the relevant judicial interpretation of the Supreme Court, and can only be applied to those who infringe upon the moral interests of personal rights in copyrights. protection, the scope of application should not be expanded arbitrarily;

2. For ordinary infringements, the civil liability form of stopping the infringement, eliminating the impact, and publicly apologizing should first be applied , and compensation is not applicable;

3. Although the circumstances of infringement of personal rights and interests in copyright are general, but property losses are caused, compensation can be made for the actual losses caused. At the same time, the civil liability forms of stopping the infringement, eliminating the impact and making a public apology are applicable.

4. If the mental damage is serious and other forms of civil liability are insufficient to protect the rights and interests of the victim, compensation for mental damage should be applied.

In summary, through reading the above, I hope it can help you solve related problems. When compensating for infringement of design works, you need to pay attention to the spiritual aspect of compensation. If you still have questions about this, you can directly call our online lawyers at Legal Savior Network. We will serve you wholeheartedly. Help you solve difficult problems.