1. What are the types of patent infringement
1. Types of patent infringement These include: infringement of patents without the permission of the patentee; counterfeiting of patents; acts of actors actively inducing or prompting others to commit direct patent infringement; acts of selling or promising to sell unlicensed patented products; using patented methods and using The act of selling or offering to sell products directly obtained by using patented methods; the act of importing patented products or importing products directly obtained by using patented methods.
2. Legal basis: "Trademark Law of the People's Republic of China"
57 Anyone who commits any of the following acts shall infringe upon the exclusive right to use a registered trademark:
(1) Using the trademark on the same product without the permission of the trademark registrant A trademark that is the same as its registered trademark;
(2) Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, or Using a trademark that is identical or similar to its registered trademark on similar goods may easily lead to confusion;
(3) Selling goods that infringe the exclusive right to use a registered trademark;
(4) Forging or manufacturing registered trademarks of others without authorization or selling registered trademarks that are forged or manufactured without authorization.
2. How to compensate for patent infringement
1. How to calculate compensation
2. The benefits obtained by the infringer due to the infringement
3. The losses suffered by the infringed party due to the infringement
4. Determined according to multiples of the patent license fee
5. The fourth calculation method ( Application of statutory damages)
6. Regarding reasonable expenses
7. Continuous infringement Compensation calculation issues
When compensating for patent infringement, we need to calculate the amount of loss for this specific victim, but it is often difficult to calculate this loss. of. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation or go to the Legal Savior website to consult a professional lawyer.
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