A. according to the request of the obligee, determine the compensation amount according to the losses suffered by the obligee due to infringement.
B at the request of the obligee, determine the amount of compensation according to the interests obtained by the infringer due to infringement.
C it is difficult to determine the loss of the infringer or the interests of the infringer, and if there is a patent license fee for reference, the compensation amount shall be reasonably determined with reference to 1 to 5 times of the patent license fee.
D. It is difficult to determine the infringer's loss or the infringer's gain, and there is no patent license fee to refer to. The compensation amount is generally determined between 5,000 yuan and 300,000 yuan, with a maximum of 500,000 yuan.
Correct answer: a, b, D B, d.
Analysis: Article 60 of the Patent Law stipulates that the amount of compensation for infringement of patent rights shall be determined according to the 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 infringer or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. Paragraph 1 of Article 20 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes stipulates that when the people's court investigates the infringer's liability for compensation in accordance with paragraph 1 of Article 57 of the Patent Law, it may determine the amount of compensation at the request of the obligee according to the losses suffered by the obligee or the interests gained by the infringer due to infringement. Accordingly, options a and b of this question are correct. Article 21 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes stipulates that it is difficult to determine the losses of the infringed or the benefits obtained by the infringer, and if the patent license fee is referenced, the people's court may reasonably determine the amount of compensation, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license fee according to the category of the patent. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may, according to factors such as the type of patent right, the nature and circumstances of the infringer's infringement, generally determine the amount of compensation from 5,000 yuan to 300,000 yuan, and the maximum amount shall not exceed 500,000 yuan. Accordingly, the C option is wrong and the D option is correct. Therefore, the correct options for this question are a, b and d.
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