What is the compensation standard for design patents
The compensation standard for design patent infringement can be based on the " Calculation method of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases":
1. Determine the amount of compensation based on the losses suffered by the patentee due to infringement or the benefits gained by the infringer due to infringement;
(1) The loss suffered by the patentee due to infringement can be based on the sales of the patentee’s patented products caused by the infringement Calculated by multiplying the total reduction in volume by the reasonable profit for each patented product. If it is difficult to determine the total reduction in sales volume of the right holder, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to the infringement.
(2) The benefits obtained by the infringer due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales.Sales profit calculation.
2. The multiple of the patent license fee is reasonable. Determine the amount of compensation; the premise for the application of this method is that it is difficult to determine the losses of the infringed party or the benefits gained by the infringer, and there is a patent license fee for reference.
"The Application of the Supreme People's Court in the Trial of Patent Dispute Cases" Several Provisions on Legal Issues"
Article 20 The actual losses suffered by the patentee due to infringement as stipulated in Article 65 of the Patent Law can be calculated based on the total reduction in sales of the patentee's patented products due to infringement multiplied by the reasonable profit of each patented product. If it is difficult to determine the total reduction in sales volume of the right holder, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as the actual loss suffered by the right holder due to the infringement.
Infringement under Article 65 of the Patent Law The benefits gained by a person due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales profits.
Article 21 The right holder’s losses or If the benefits obtained by the infringer are difficult to determine and there is a patent license fee that can be used as a reference, the people's court may refer to the patent license fee based on factors such as the type of patent right, the nature and circumstances of the infringement, the nature, scope, and time of the patent license. The amount of compensation shall be reasonably determined by a multiple of, the amount of compensation shall be determined in accordance with the provisions of Paragraph 2 of Article 65 of the Patent Law.
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