1, the actual economic loss caused by the infringer to the obligee;
2. If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the use fee or the illegal income of the infringer;
3, malicious infringement of intellectual property rights, if the circumstances are serious, you can determine the amount of compensation in accordance with the above methods;
4. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
To constitute a crime of infringing intellectual property rights, the following conditions usually need to be met:
1. Objective infringement: refers to the act of infringing on the intellectual property rights of others, including but not limited to copying, spreading, displaying, selling and manufacturing infringing products. For example, copying other people's works without authorization and selling counterfeit goods are objective acts of infringing intellectual property rights;
2. Subjective intention or negligence: the act of infringing intellectual property rights must be intentional or negligent. Subjective intention refers to knowing that it infringes on the intellectual property rights of others; And negligence refers to the infringement caused by negligence or neglect of other people's intellectual property rights;
3. Objects protected by intellectual property rights: Infringed intellectual property rights must be protected by law, such as copyright, trademark rights and patent rights. Only the infringement of intellectual property rights protected by law can constitute the crime of infringing intellectual property rights;
4. Certain social harmfulness: Infringement of intellectual property rights must cause certain harm to society. This kind of harm can be reflected in economic losses, market disorder and blocked innovation power, which has a negative impact on social and economic development.
To sum up, the compensation standard for infringement of intellectual property rights includes the actual economic losses caused to the obligee and the reasonable expenses paid by the obligee to stop the infringement.
Legal basis:
Article 54 of the Copyright Law of People's Republic of China (PRC)
If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee or the illegal income of the infringer; If the actual loss of the obligee or the illegal income of the infringer is difficult to calculate, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.
If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement.
The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
In order to determine the amount of compensation, the obligee has fulfilled the necessary burden of proof, and the books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide the books and materials related to the infringement; The infringer does not provide or provide false account books, materials, etc. The people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.
In handling copyright disputes, the people's court shall, except in special circumstances, order the destruction of infringing copies at the request of the obligee; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering the commercial channels free of charge.