What is the legal maximum compensation for advertising and selling patent infringing products online
Loss of the right holder and benefits gained by the infringer If it is difficult to determine both the patent license fee and 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.
"The Application of the Supreme People's Court in the Trial of Patent Dispute Cases" "Several Provisions on Legal Issues" Article 21 If it is difficult to determine the loss of the right holder or the benefits obtained by the infringer, and there is a patent license fee for reference, the People's Court may, based on the type of patent right, the nature and circumstances of the infringement, the patent Depending on the nature, scope, time and other factors of the license, the amount of compensation shall be reasonably determined with reference to a multiple of the patent license fee; if there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation based on the type of patent right, the infringement The amount of compensation shall be determined in accordance with the provisions of Paragraph 2 of Article 65 of the Patent Law based on factors such as the nature and circumstances of the act.
"Patent Law" Article 65 The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation for infringement may be determined based on the amount of damages suffered by the infringer due to the infringement.The benefits obtained from the right are determined. 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.
Loss of the right holder and benefits gained by the infringer If it is difficult to determine both the patent license fee and 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.
I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
