If the defendant refuses to accept the judgment of the people's court of first instance after losing the case of intellectual property infringement, he may appeal to the people's court; if he refuses to accept the effective judgment, he may apply for a retrial; If there is no objection to the court's judgment, after the judgment comes into effect, it is necessary to perform the effective judgment according to the agreement of the judgment.
Compensation standard of intellectual property litigation;
1. On the understanding of damages, the actual economic loss suffered by the patentee due to infringement is regarded as the amount of damages, that is, the product of the sales volume of the patentee's patented products minus the sales volume of the infringer's infringing products in the market, and the total amount of sales volume reduction multiplied by the profit of each patented product.
2. In the understanding of damages, all the profits obtained by the infringer due to the infringement act are taken as the compensation amount of losses, that is, the product of the profits obtained by the infringer from each infringing product multiplied by the total amount sold in the market.
3. Knowing the damages, a reasonable amount not less than the patent license fee is used as the amount of damages. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case.
4. If the parties agree to use other calculation methods to calculate the amount of damages when they know the amount of damages, the people's court may give permission as long as it is fair and reasonable.
Calculation method of patent infringement loss compensation;
1. The actual economic losses suffered by the patentee due to the infringement shall be taken as damages, that is, the sales volume of the patented products of the patentee decreased due to the sales of the infringing products of the infringer in the market, and the total number of sales volume reductions shall be multiplied by the profit income of each patented product.
2. Take all the profits obtained by the infringer due to infringement as compensation for losses, that is, the product of the profits obtained by the infringer from each infringing product multiplied by the total amount sold in the market.
3. Take a reasonable amount not less than the patent license fee as the amount of compensation for losses. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case.
4. If both parties agree to use other calculation methods to calculate the amount of damages, the people's court may allow it as long as it is fair and reasonable.
Unlike patent rights and trademark rights, copyright is another part of intellectual property rights, which has dual contents. In other words, in addition to property rights, it also includes personal rights.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 2 13 of the Criminal Law of People's Republic of China (PRC).
Whoever uses a trademark identical to its registered trademark on the same commodity without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 2 14
Whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 2 15
Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 2 16
Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
Article 2 17
For the purpose of making profits, if the amount of illegal income is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 2 18
Whoever, for the purpose of making profits, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
Article 2 19
Whoever infringes on trade secrets and causes heavy losses to the holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.