Textile city cloth pattern infringement mainly infringes on intellectual property rights. This civil law and patent law have clear provisions, and it is difficult to prove and calculate the amount of compensation according to the provisions. Calculate the specific amount of loss, that is, the amount claimed in the lawsuit, and then calculate and pay the legal fees.
Article 118 of the General Principles of the Civil Law stipulates that citizens and legal persons whose copyright (copyright), patent right, exclusive right to use trademarks, right of discovery, right of invention and other scientific and technological achievements are infringed have the right to demand to stop the infringement, eliminate the influence and compensate for the losses.
Article 65 of the Patent Law stipulates that the amount of compensation for patent infringement 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.
"Measures for Payment of Litigation Fees" Article 13 The fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.