In our daily life and work, we may encounter many problems, such as what is the standard of compensation for intellectual property infringement. I believe many people may only have a certain understanding of it, but they may not be clear about what it is. Next, the editor of Legal Savior Network will bring you answers about the compensation standards for intellectual property infringement. I hope it will be helpful to everyone.
What are the compensation standards for intellectual property infringement
In my country, the protection of intellectual property laws mainly comes from the Copyright Law, Trademark Law, and Patent Law. They calculate the standard of compensation for infringement of intellectual property rights. The provisions are as follows: Article 48 of the Copyright Law infringes upon 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, compensation may be based on 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. Article 56 of the "Trademark Law" The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period, including the infringer's efforts to stop the infringement. Reasonable expenses incurred for the conduct. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. Article 65 of the Patent Law: The amount of compensation for patent infringement 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, the amount of compensation 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. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.Through the above editor's compilation of the content about the compensation standards for intellectual property infringement, I hope it can help you. If your situation is complex or special, the editor recommends that you consult a lawyer online at the Legal Savior Network.We will provide you with more professional answers. wish you a happy life!
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