1. How to determine the compensation standard for intellectual property infringement?
According to the nature of actual losses and infringed rights, the details are as follows:
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.
2. What is the principle of compensation for intellectual property infringement?
1, principle of full compensation
The principle of total compensation, also known as the principle of total compensation, is the most basic principle of compensation in modern civil law and a common practice in the legislation and judicial practice of tort in various countries.
2. The principle of statutory compensation standard
In view of the particularity of the object of intellectual property protection and the uncertainty of damage facts and consequences, many countries' intellectual property legislation stipulates the statutory compensation system for intellectual property infringement damages. That is, how much compensation should be paid for a certain infringement. This is particularly prominent in copyright legislation.
3. The principle of judge's discretionary compensation.
No matter how strict and specific the legal provisions on compensation for infringement of intellectual property rights are (which is actually impossible), no matter whether the principle of total compensation or the principle of statutory compensation is applied, it cannot be ruled out that the judge can apply the law specifically according to the facts of the case ascertained by the court and make discretionary decisions on the case within the scope of compensation stipulated by law.
4. Limitation principle of compensation for mental damage
The limitation principle of compensation for mental damage means that citizens, legal persons and other civil subjects have their mental rights and interests damaged, and they can apply compensation for mental damage within the scope prescribed by law.
In daily life, if the infringement of intellectual property rights is recognized as patent infringement, the infringer can be required to stop the infringement and compensate for its specific losses, thus eliminating the impact of the infringement. If the other party doesn't want to, they can also bring a lawsuit to the court to safeguard their legitimate rights and interests.