First, the time point, we should take the time when the contract is concluded as the time point to calculate the expected interest loss;
Second, the maximum loss amount should be based on the foreseeable expected income under the premise of contract performance;
Third, the expected benefits should be clearly agreed by the parties in the contract or foreseen by the breaching party when concluding the contract, or the losses that may be caused by the breach of contract foreseen by the breaching party, which is the loss consequence that the breaching party or the injuring party should bear.
1, Article 48 of the Copyright Law
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
2. Article 56 of the Trademark Law
The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits obtained by the infringer during the infringement period, or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
Article 65 of the Patent Law
The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.
Two. Types of intellectual property rights
1, copyright and industrial property rights
Intellectual property is the ownership of the results produced by intellectual labor, and it is an exclusive right granted to qualified authors, inventors or owners of results in a certain period of time according to the laws of various countries.
It has two types: one is copyright (also known as copyright and literary property rights) and the other is industrial property rights (also known as industrial property rights).
(1) All rights reserved.
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
(2) Industrial property rights
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" is more appropriate. It mainly includes patent right and trademark right.