Legal analysis: The amount of compensation for patent infringement is determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it can be determined based on the benefits gained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee.
Legal basis: "Intellectual Property Law of the People's Republic of China"
Article 45 Whoever commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement and eliminating the impact , public apology, compensation for losses and other civil liabilities:
(1) Publishing his work without the permission of the copyright owner; (2) Without the permission of the co-author, Works jointly created by others are published as works created by oneself alone;
(3) Without participating in the creation, in order to seek personal fame and fortune, one signs other people’s works;
(4) ) Distorting or tampering with other people’s works;
(5) Using in the form of performances, broadcasts, exhibitions, distributions, making films, televisions, videos, or adapting, translating, annotating, editing, etc. without the permission of the copyright owner works, except as otherwise provided for in this Law;
(6) Using other people’s works without paying remuneration in accordance with regulations;
(7) Using other people’s works from the scene without the permission of the performer Live broadcasting of their performances;
(8) Other acts that infringe upon copyright and copyright-related rights and interests.
Article 46 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making a public apology, and compensating for losses, and may be confiscated of illegal gains by the copyright administrative department. , fines and other administrative penalties:
(1) Plagiarizing or copying other people's works;
(2) Copying and distributing his works for profit without the permission of the copyright owner;
(3) Publishing books for which others have exclusive publishing rights;
(4) Publishing audio and video recordings of performances without the permission of the performers;
(5) Copying and distributing the audio and video recordings produced by the audio and video producers without their permission;
(6) Copying and distributing the radio and television programs produced by them without the permission of the radio and television stations ;
(7) Producing and selling works of art that counterfeit the signature of others.