Causes of action for infringement damages

Property damage compensation disputes. When determining the specific causes of action for tort liability disputes, the specific causes of action listed in accordance with the relevant provisions of the Tort Liability Law under Part 9 "Tort Liability Disputes" should first be applied. If there is no corresponding cause of action, the causes of action under other sections such as "Personal Rights Disputes", "Real Rights Disputes", "Intellectual Property Rights and Competition Disputes" will be applied. If a motor vehicle traffic accident may cause personal injury and property damage, when determining the cause of action, the cause of action of the "motor vehicle traffic accident liability dispute" under Part 9 "tort liability disputes" should be applied instead of the first part "personality rights disputes" The causes of action for "disputes over rights to life, health, and body rights" under this item shall not be applicable to the causes of action for "disputes over property damage compensation" under "Real Rights Disputes" in Part Three. "Copyright Law of the People's Republic of China" Article 48 If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss. If the loss is difficult to calculate, the infringer may compensate according to the infringer's illegal income. Give compensation. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. "If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, make a judgment to award compensation of not more than 500,000 yuan." "Patent Law of the People's Republic of China" 60 Article 5 The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement. If it is difficult to determine the actual losses, it may be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. “If it is difficult to determine the loss of the right holder, the benefits gained by the infringer and the patent license fee, the people’s court may determine to award a sum of not less than RMB 10,000 but not more than RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. Compensation."