1. How much compensation should be paid for infringement without actual loss?
According to the relevant laws and regulations of our country, if the infringement has not caused actual losses, but caused losses to the expected interests, the other party may also be required to compensate for indirect losses.
If the calculation method of property loss stipulated in the Civil Code of People's Republic of China (PRC) infringes on other people's property, the property loss shall be calculated according to the market price at the time of loss or by other means.
The method for determining the amount of compensation for property losses caused by infringement of other people's personal rights and interests. If property losses are caused by infringement of other people's personal rights and interests, compensation shall be made according to the losses suffered by the infringed person; The loss of the infringer is difficult to determine, and if the infringer gains benefits from it, he shall be compensated according to the benefits obtained; It is difficult to determine the benefits obtained by the infringer, and 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.
Second, how to protect patent infringement?
Patent infringement can be protected in the following three ways, including:
1. Through negotiation, both parties can reach a settlement through self-negotiation or mediation by a third party, and they can send a warning letter to the infringer to inform the other party of the importance of patent infringement;
2, administrative relief, the patentee has sufficient evidence of infringement, can report to the administrative department of the patent office, after verification by the administrative department, can take administrative punishment against the infringer;
3, judicial relief, the patentee can bring a lawsuit to the people's court where the infringement occurred and the defendant is located, asking the other party to stop the infringement and make compensation.
Legal basis: Article 26 of the Regulations on the Protection of Information Network Communication Right. The meanings of the following terms in this Ordinance:
The right of information network communication refers to the right to provide works, performances or audio-visual products to the public by wired or wireless means, so that the public can obtain works, performances or audio-visual products at their selected time and place.