Compensation standard of appearance patent infringement

Appearance design includes the designer's intellectual achievements and the labor achievements made to match the corporate image. It is shameful to infringe on the design patent, and you should also be liable for compensation. According to the current law, there are five ways to calculate the compensation for patent infringement: 1, and the loss of the obligee. According to Article 65 of the Patent Law and Article 20, paragraph 1 of InterpretationNo. [20/kloc-0] 4, the loss of the obligee can be calculated by multiplying the total sales volume of patented products by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the obligee, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the actual loss suffered by the obligee due to infringement. The formula is as follows: the loss of the obligee = the decrease in sales of patented products (or the decrease in sales of infringing products) multiplied by the reasonable profit of patented products. According to Article 20 of No.4 of China's Interpretation of Law [20 15], the total sales of infringing products in the market can be regarded as the decrease of the total sales of the obligee. In other words, every time an infringing product is sold, it can be considered that the sales of the patented product of the right holder will be reduced by one. Compared with the wet four-part test method of Panduit case in the United States, the above provisions are obviously more beneficial to the obligee. 2. According to Article 65 of the Patent Law and Paragraph 2 of Article 20 of French Interpretation [20 15] No.4, the profit of the infringer can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement. The formula is as follows: infringer's profit = sales volume of infringing products multiplied by reasonable profit (operating profit or sales profit) of infringing products, where sales profit = sales revenue-sales cost-sales expenses-tax surcharge, and operating profit = sales profit-management expenses-financial expenses. 3. Reasonable multiple of the license fee According to Article 65 of the Patent Law and Paragraph 2 of Article 20 of InterpretationNo. [20 15]4, it is difficult to determine the loss of the obligee or the benefit gained by the infringer. If there is a reference to the patent license fee, the people's court may reasonably determine the compensation amount by referring to the multiple of the patent license fee according to the type of patent right, the nature and circumstances of infringement, the nature, scope and time of patent license, etc. If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors, in accordance with the provisions of the second paragraph of Article 65 of the Patent Law. Article 28 of Interpretation of Agreed Compensation Law [20 16]No. 1 stipulates that if the obligee and the infringer agree on the amount of compensation or the calculation method of compensation according to law, the people's court shall support it in patent infringement litigation. 4. Paragraph 2 of Article 65 of the Patent Law stipulates that 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.