What does compensation for intellectual property infringement include
Compensation for intellectual property infringement:
1. First, from the perspective of the law of economic equivalence, this law requires the actor to treat himself The consequences of the behavior must pay an equal price, which is roughly equal to the price the victim deserves. Consideration is always the basic element in determining compensation.
2. Secondly, from the perspective of "equal value paid" From the perspective of the basic principles 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 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 loss.
3. Again, 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. Restoring the damaged rights to their pre-infringement status. It can be seen from this that only the actual damage caused by the infringer to the right holderOnly when international damage (including property loss and mental damage) is used as the standard for compensation can the above requirements be met 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 of damage compensation and the amount of compensation.
"Patent Law" Article 65 Patent infringement The amount of compensation for a right is determined based on the actual loss suffered by the right holder due to the infringement; if the actual loss is difficult to determine, it can 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.
The rights holder’s losses, the infringer’s gains and If it is difficult to determine 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.
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