1. Applying the template will not infringe. But using someone else's template has caused infringement. If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.
2. Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC).
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Second, the standard of compensation for commercial infringement of photos:
1, according to the actual loss compensation. According to, the obligee suffered actual losses or the infringer's illegal income;
2. Compensation according to the legal compensation standard. If the actual loss of the photo owner or the illegal income of the infringer is difficult to calculate, compensation can be made with reference to the photo use fee = if the actual loss of the photo owner, the illegal income of the infringer and the right use fee are difficult to calculate, the court will award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement;
3. Compensation according to the standard of punitive damages. If the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.