The compensation standard of patent infringement refers to the compensation liability standard that the infringer should bear when the patent right is infringed by others. In different countries and regions, there may be some differences in patent infringement compensation standards. The following is an explanation of the general patent infringement compensation standard.
1. Compensation for direct losses: This is the most basic form of compensation, that is, the infringer should compensate the economic losses directly caused by the patentee. This includes the loss of profits, the decrease of sales volume and the loss of market share caused by the patentee's infringement.
2. Compensation for indirect losses: In addition to direct losses, patent infringement may also lead to other indirect losses, such as reputation damage, market reputation decline, customer loss and so on. In some jurisdictions, patent infringement compensation can also include these indirect losses.
3. Punitive damages: In order to punish serious infringement, some jurisdictions allow punitive damages to infringers. This kind of compensation is beyond the scope of actual losses, and aims to play a deterrent role and prevent the recurrence of infringement.
4. Reasonable royalties: In some cases, even if the infringer does not directly cause losses, it may be necessary to pay a reasonable royalties to the patentee. This usually applies when the patentee chooses to authorize rather than prohibit infringement.
It should be noted that the compensation standard for patent infringement may be different in different jurisdictions. The differences in legal system, judicial practice and patent system in different countries and regions may have an impact on the standard of patent infringement compensation. Therefore, in specific cases, it is necessary to analyze and judge according to local laws and regulations and judicial precedents. If you have background information about a specific case or country/region, please provide more details so that I can help you more accurately.
The research on the relationship between compensation standard and actual loss of patent infringement is a discussion on the relationship between compensation standard and actual loss in patent infringement cases. In patent infringement cases, the determination of compensation standard is often a complicated problem. Traditional compensation standards mainly include infringement profits, reasonable license fees and joint losses. However, whether these standards can accurately reflect the actual losses is still controversial. The purpose of this study is to explore the relationship between compensation standards and actual losses through the analysis of patent infringement cases. Through the comprehensive consideration of the nature, scope of influence and market position of infringement, this paper puts forward the compensation standard that can measure the actual loss more accurately and fairly. This will provide a more scientific and reasonable basis for the judgment of patent infringement cases, promote the effective implementation of intellectual property protection and safeguard the legitimate rights and interests of innovators.
Legal basis:
People's Republic of China (PRC) patent law (revised in 2020);
Chapter VII Protection of Patent Rights Article 71 The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee or the interests gained 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. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. 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 amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.