The standard of compensation for intellectual property infringement is determined based on the actual losses of the other party. Of course, according to the clear provisions of Article 48 of our country’s Copyright Law, first of all, compensation needs to be based on the actual loss of the right holder. If the actual loss is difficult to calculate, compensation should be based on the degree of profit. .
1. What is the standard of compensation for infringement of intellectual property rights? The standard of compensation for infringement of intellectual property rights is determined based on the actual losses of the other party. 1. Article 48 of the "Copyright Law" If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. 2. The amount of compensation for infringement of the exclusive right to use a trademark in Article 56 of the Trademark Law shall be the benefits gained by the infringer due to the infringement during the period of infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, including the wages paid by the infringer. Reasonable expenses incurred to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. 3. Article 65 of the Patent Law: The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined based on the benefits obtained 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. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.
2. What are the types of intellectual property rights?
1. Copyright and industrial property rights. Intellectual property rights are the ownership rights of the results generated by intellectual labor. They are granted to qualified authors and authors in accordance with the laws of various countries. The exclusive rights enjoyed by the inventor or the owner of the result within a certain period of time. It has two categories: one is copyright (also known as copyright, literary property rights), and the other is industrial property rights (also known as industrial property rights). (1) Copyright Copyright, also known as copyright, refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons or other organizations in literary, artistic and scientific works in accordance with the law. It mainly includes copyright and neighboring rights related to copyright; usually, the intellectual property rights we talk about mainly refer to computer software copyright and work registration. (2) Industrial property rights Industrial property rights refer to an intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries. From this point of view, the name "industrial property rights" is more appropriate. Mainly including patent rights and trademark rights.
2. Personal rights and property rights (1) Personal rights According to the content, intellectual property rights are composed of personal rights and property rights, which are also called moral rights and economic rights. The so-called personal rights refer to rights that are inseparable from the person who has achieved intellectual achievements, and are the legal reflection of personal relationships. For example, the author's right to sign his work, or the right to publish or modify his work, etc., are moral rights. (2) Property rights. The so-called property rights refer to the rights that the obligee can use these intellectual achievements to obtain remuneration or rewards after the intellectual achievements are recognized by law. This right is also called economic rights. It refers to the results obtained by intellectual creative work, and is a right that intellectual workers enjoy in accordance with the law on their results. Copyrights, patent rights and other trademark rights are all types of intellectual property rights. If there is an infringement of intellectual property rights, certain compensation must be made. The standard of compensation mentioned here should be It is calculated based on the actual losses of the other party. Of course, in some cases, the calculation is based on the other party's profit level.