How to file damages for infringement of intellectual property rights can bring a lawsuit to the people's court. Article 65 The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to the 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. The principle of compensation for infringement of intellectual property rights To scientifically determine the amount of compensation for infringement of intellectual property rights, the first premise is to determine the principle of compensation for infringement of intellectual property rights, that is, what principle the infringer should pay compensation on. The theoretical and practical circles of intellectual property rights have different views on this issue, and the main debate lies in whether the principle of compensatory compensation or punitive compensation should be adhered to in damages. Compensatory compensation refers to the scope of compensation undertaken by the infringer, which is limited to filling the damage or loss of interest caused by the infringer. Punitive damages refer to damages for punishing or deterring serious or malicious infringers, or deterring other infringers with similar behaviors in the future. It is a kind of monetary compensation that pays the obligee more than its actual loss. The former focuses on the function of damages from the perspective of providing relief for obligees, while the latter focuses on the function of damages from the perspective of punishing infringers and curbing infringement. Many countries, especially common law countries, recognize the existence of punitive damages for intellectual property rights, but some developed countries and most European countries adopt the principle of compensation to compensate victims' losses. In China, because the intellectual property economy is in the stage of vigorous development, intellectual property contains great value. Compared with traditional property rights, intellectual property rights are intangible and renewable. Therefore, intellectual property rights are easily infringed by others, and counterfeiting and piracy in the market are also very serious. Therefore, it seems more reasonable to advocate the principle of punishment. But the author thinks that, first of all, the main purpose of tort compensation is to make the victim's damage get substantial and complete compensation, not punishment, and compensation should be the basic function of compensation for losses. Secondly, according to China's current legal system, the possible legal liabilities caused by tort include criminal liability, administrative liability and civil liability. In the case of intentional infringement, in addition to the civil liability of the infringer, the infringer can also be investigated for administrative responsibility or even criminal responsibility. For example, the copyright law takes the subjective psychological attitude of the infringer as one of the distinguishing signs, and divides copyright infringement into two categories, one is the general infringement in which the infringer only bears civil liability, and the other is the intentional infringement in which the infringer may bear administrative liability in addition to civil liability. Regarding the criminal responsibility of infringing intellectual property rights, it is also clearly stipulated in the crime of infringing intellectual property rights in Section 7 of the Criminal Law. Infringement of intellectual property rights is convicted and sentenced according to the circumstances and amount of infringement. Even in civil litigation, serious infringement can be punished by specific forms of civil sanctions, such as fines and confiscation. Therefore, the mechanism of punishing intellectual property infringement in Chinese law is relatively complete. Finally, according to Article 45 of the Agreement on Trade-related Intellectual Property Rights (TRIPS Agreement), the judicial organ should have the right to order the infringer who knows or has sufficient reason to know that his activities are infringing to pay damages to the obligee, which shows that the TRIPS Agreement also adopts the principle of compensatory compensation, and the principle of compensatory compensation in China meets the minimum protection requirements of the TRIPS Agreement. According to the level of China's economic development, the improvement of the compensation system for intellectual property damage should consider the actual situation of the country's economic development, and it is not appropriate to set too high standards and requirements. Based on the above discussion, it can be concluded that at the present stage in China, the principle of compensatory compensation is still the primary principle of compensation for intellectual property infringement, which should be grasped and applied well in trial practice. If the boundary between punitive compensation and compensatory compensation is confused, it will cause the judge to be subjective and arbitrary when calculating compensation, and the victim will get undue benefits. If you want to ask a lawyer to help you solve the dispute of intellectual property infringement, I suggest you click on the online consultation system and ask the lawyer directly.
Legal objectivity:
Article 182 of the Civil Code of People's Republic of China (PRC) infringes upon the personal rights and interests of others and causes property losses, it shall compensate according to the losses suffered by the infringed or the interests obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation. Article 184 of the Civil Code of People's Republic of China (PRC) infringes upon another person's property, and the property loss shall be calculated according to the market price at the time of loss or other reasonable means.