The compensation standard for civil litigation for intellectual property rights is to use a reasonable amount of no less than the patent license fee as the amount of loss compensation, and to use all the profits obtained by the infringer due to the infringement as the amount of loss compensation, that is, the infringer’s compensation for the loss is The profit earned from each infringing product multiplied by the total number of units sold on the market. Or if the parties agree to use other calculation methods to calculate the amount of compensation, the people's court may allow it as long as it is fair and reasonable.
1. What are the compensation standards for intellectual property civil litigation? (1) In the knowledge of damage compensation, the actual economic losses suffered by the patentee due to infringement are regarded as the amount of loss compensation, that is, the infringing products of the infringer are Sales on the market reduce the sales volume of the patentee's patented products, and the total reduction in sales volume is multiplied by the profit earned from each patented product. (2) In the knowledge of damages compensation, the total profit obtained by the infringer due to the infringement shall be regarded as the amount of loss compensation, that is, the profit obtained by the infringer from each infringing product multiplied by the total number of sales in the market. (3) In the case of damages, the amount of compensation shall be a reasonable amount not less than the patent license fee. For the above three calculation methods, the people's court can choose to apply them according to the different circumstances of the case. (4) In the knowledge of damage compensation, if the parties agree to use other calculation methods to calculate the amount of loss compensation, the people's court may allow it as long as it is fair and reasonable.
2. Intellectual Property Litigation Intellectual Property Litigation refers to the general term for various lawsuits involving intellectual property rights conducted in people's courts, including intellectual property civil litigation, intellectual property administrative litigation and intellectual property criminal litigation. From this perspective, intellectual property litigation is not a separate type of litigation. Its essence is still the sum of civil litigation, administrative litigation and criminal litigation.
3. Intellectual Property Intellectual Property, also known as " "Intellectual ownership rights" refers to "the property rights enjoyed by rights holders in the results of their intellectual labor", which are generally only valid for a limited time. Various intellectual creations such as inventions, designs, literary and artistic works, as well as logos, names, and images used in business can be considered intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford Law School, widespread use of the term "intellectual property" emerged after the establishment of the World Intellectual Property Organization in 1967. The fruits of labor created by intellectual labor are protected by law. The law also provides corresponding punishments for the use of other people's results to obtain benefits. Victims can protect their rights through the law and through knowledge. Obtain a certain amount of compensation in property rights litigation.