Intellectual property is an intangible property right, and its infringement damage is manifested in two aspects: direct loss and indirect loss, the latter is the main form. As a civil right, intellectual property rights are often easily violated. Then, when the intellectual property rights of individuals or enterprises are infringed, what compensation can they get? What is the compensation standard for intellectual property infringement?
How to calculate the amount of compensation for intellectual property infringement?
1 There are three ways to calculate the compensation for patent infringement losses:
1) Take the actual economic loss suffered by the patentee due to infringement as the compensation amount, that is, the sales volume of the patentee's patented products is reduced because the infringing products of the infringer are sold in the market, and the total sales volume reduction is multiplied by the profit income of each patented product.
2) Take all the profits obtained by the infringer for 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) bear a reasonable amount of not less than the patent license fee as 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.
If both parties agree to use other calculation methods to calculate the compensation for losses, the people's court may allow it as long as it is fair and reasonable.
2. There are two methods to calculate the loss compensation of trademark infringement.
1) claim compensation according to the actual losses suffered by the infringed;
2) The profits obtained by the infringer during the infringement period refer to all profits except costs as the compensation amount.
3. Regarding the compensation for copyright infringement damages, the Copyright Law only stipulates the principle of civil liability for infringement damages. It is generally believed that the scope of compensation for copyright infringement damages should include direct losses and indirect losses caused by infringement, such as loss of business reputation and expenses necessary for litigation. The amount of compensation shall be determined by combining the infringer's illegal income with the infringer's usual income from exercising copyright or the neighboring right of the work.
4. There are two ways to calculate the loss compensation against unfair competition.
1) Calculate the compensation according to the loss of the infringed operator, and the scope of the loss shall include the reasonable expenses paid by the infringed operator to investigate the unfair competition behavior of the operator who infringes on his legitimate rights and interests;
2) If the loss of the infringed operator is difficult to calculate, the amount of compensation shall be the profits obtained by the infringer during the infringement period and the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator who infringes on his legitimate rights and interests.
In China, intellectual property law mainly refers to copyright law, trademark law and patent law. Their provisions on the calculation of compensation for infringement of intellectual property rights are as follows:
1, Article 48 of the Copyright Law? If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
2. Article 56 of the Trademark Law? The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
3. Article 65 of the Patent Law determines the amount of compensation for patent infringement according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.
When the intellectual property rights of individuals or companies are infringed, they can choose to bring a lawsuit to the court and use legal weapons to safeguard their legitimate rights and interests. In the process of litigation, if you encounter problems in proof and litigation, you can seek the help of professionals.
Disclaimer:
1. Some words and pictures in this article come from the Internet. Please contact us in time if you have any questions.
2. Due to the need of editing, there is no necessary connection between words and pictures, which is for reference only. All articles, pictures, audio and video files and other materials involved in reprinting are copyrighted by the copyright owner.
3. If the content of this article unintentionally infringes the intellectual property rights of the media or individuals, please contact us to delete it immediately.