What is the compensation standard for intellectual property infringement?
The compensation standard of intellectual property infringement damage: first, the actual economic loss caused by the infringer to the obligee; The second is all the profits that the infringer gets because of the infringement. In the case of adopting the double indemnity standard, the court chooses the standard of the infringer's benefit from infringement. First of all, from the perspective of the law of economic equivalence, this law requires the actor to pay the same price for the consequences caused by his actions, which is roughly equal to the price that the victim deserves. Consideration is always the basic factor in determining salary. Secondly, judging from the basic principle of "equal compensation" in civil law, according to this principle, on the one hand, in legal economic activities, unless otherwise stipulated by law or otherwise agreed in the contract, the party that obtains the property interests of others shall pay the corresponding price or other property interests to the other party; On the other hand, in illegal civil activities, the actor must compensate for the losses caused by his actions, and the scope of compensation should be consistent with the scope of losses. Thirdly, from the point of "compensation for damages" itself, the so-called "compensation" means to restore the damaged rights to the state before the infringement by compensating the victims for the losses they suffered. Therefore, only the actual damage caused by the infringer to the obligee meets the above requirements can it be used as the standard of damage compensation. The establishment of this standard provides a fair and reasonable objective economic basis for scientifically determining the scope and amount of damages.