1, the actual loss of the obligee or the illegal income of the infringer. If the actual loss of the obligee or the illegal income of the infringer can be clearly calculated, it shall be regarded as the amount of compensation.
2. Legal compensation. If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer or the use fee, the court will award compensation according to the circumstances of the infringement. The amount of compensation is generally between 500 yuan and 5 million yuan.
3. royalties. In some cases, the compensation amount can be determined by referring to the cost of the right to use.
4. Consider the seriousness of the infringement. For serious intentional infringement of intellectual property rights, the court may pay compensation of more than one time and less than five times the amount determined by the above method.
5. Consider relevant books and materials. When the obligee has fulfilled the necessary burden of proof and the books and materials related to the infringement are mainly in the hands of the infringer, the court may order the infringer to provide these materials. If false information is not provided, the court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided. In addition, for different types of intellectual property rights (such as trademarks, copyrights, patents, etc. ), the compensation standard is different.