(1) The charging rate for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 10%, and each part less than 5,000 yuan is charged at 5,000 yuan;
(2) 8% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) The portion from 500,000 yuan to1000,000 yuan (including 6,543,800 yuan+0,000 yuan) is 6%;
(4) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 3%;
(6) 65438+ RMB10.5% of the amount.
Principles of handling intellectual property disputes
1, based on facts and taking law as the criterion.
To resolve intellectual property disputes, we must take facts as the basis and law as the criterion. This principle is the most basic and core principle to solve intellectual property disputes. Taking facts as the basis means seeking truth from facts, proceeding from reality in everything, comprehensively and objectively identifying facts and being loyal to the truth. This is also the premise of correctly applying the law according to the law. Taking the law as the criterion refers to accurately applying the law, distinguishing right from wrong, distinguishing responsibility, punishing illegal acts, protecting legitimate rights and interests, ensuring that the law is strictly enforced and offenders are investigated. As a standard, law includes both substantive law and procedural law.
2. The parties are equal in the application of law.
All parties are equal in the application of law, which is the concrete embodiment of the principle of "everyone is equal before the law" established by the Constitution in solving intellectual property disputes. The principle that all parties are equal in law application means that any party's legal rights and interests are also protected by the laws of China, and any party's illegal crimes should be equally investigated and punished by the law. Regardless of the occupation, social status and property status of the parties, citizens, legal persons and other unincorporated organizations are equal in the application of the law, and no extra-legal privileges are allowed, and it is not allowed to vary from person to person. Both parties in China and foreign countries are equal in law application except the principle of reciprocity. Any party seeking to solve a dispute of the same nature should enjoy the same rights in both substantive law and procedural law, and as long as the facts of the dispute are the same or similar, they should get the same or similar legal consequences.
3. Give consideration to the principle of fairness and reasonableness.
Legal basis: Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases Article 2 A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.