How to determine the amount of damages for intellectual property infringement

Intellectual property infringement compensation standard is based on the actual damage caused by the infringement of the nature of the right to determine. Intellectual property infringement, usually includes trademark infringement and patent infringement, in addition, there is copyright infringement, also known as copyright infringement. And intellectual property infringement of the objective elements of infringement, is the existence of the victim of subjective fault behavior.

A, intellectual property infringement compensation standard how to determine?

According to the actual loss and infringement of the nature of the right to determine, as follows:

1, "Copyright Law" Article 48

infringement of copyright or copyright-related rights, the infringer shall be in accordance with the actual loss of the right to give compensation; the actual loss is difficult to calculate, can be in accordance with the infringer's illegal income to give compensation. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. The actual loss of the right holder or the infringer's illegal income can not be determined by the people's court in accordance with the circumstances of the infringement, the judgment to give compensation of less than five hundred thousand yuan.

2, "Trademark Law" Article 56

infringement of the exclusive right to compensation, for the infringer in the infringement of the infringement of the benefits gained during the period of infringement, or the infringer in the infringed period of the infringement of the losses suffered by the infringer, including the infringer in order to stop the infringement of the reasonable expenses paid. The former paragraph of the infringer due to infringement of the benefits, or the infringer due to the infringement of the loss is difficult to determine, by the people's court in accordance with the circumstances of the infringement of the judgment to give compensation of less than five hundred thousand yuan.

3, Article 65 of the Patent Law

infringement of patent rights in accordance with the actual losses suffered by the right holder due to infringement; the actual loss is difficult to determine, can be determined in accordance with the infringer due to infringement of the benefits gained. The loss of the right holder or the infringer is difficult to determine the benefits obtained, with reference to the patent license fee multiplier reasonably determined. The amount of compensation shall also include the right to stop the infringement of reasonable expenses. The loss of the right holder, the infringer gained benefits and patent license fee is difficult to determine, the people's court may, according to the type of patent, the nature of the infringement and the circumstances and other factors, to determine to give more than 10,000 yuan to less than one million yuan of compensation.

Two, what are the principles of intellectual property infringement compensation?

1, the principle of full compensation

the principle of full compensation, also known as the principle of full compensation, is the most basic principle of compensation of modern civil law, is the general practice of the legislation and judicial practice of tort.

2, the principle of legal standard compensation

In view of the special nature of the object of protection of intellectual property rights, its damage to the fact that the consequences are not easy to determine, the intellectual property legislation of many countries provides for intellectual property infringement of damages statutory compensation system. That is, the implementation of a certain infringement, the amount of compensation should be how much. This is particularly prominent in the copyright legislation.

3, the judge's discretionary compensation principle

Regardless of the legal provisions on damages for intellectual property rights infringement of how strict, specific (which is practically impossible to do), whether it is the application of the principle of compensation or the application of the principle of statutory compensation, can not be ruled out in accordance with the court hearing the facts of the case, the specific application of the law, as well as in the law within the scope of the amount of compensation according to the discretion of the case. The discretion of the individual case.

4, the principle of limitation of compensation for moral damages

The principle of limitation of compensation for moral damages, refers to the citizens, legal persons and other civil subjects enjoy the intellectual property rights and interests of the damage, in the scope of the law can be applied to compensation for moral damages.

In daily life, after the occurrence of intellectual property infringement, if the behavior is recognized as patent infringement, you can ask the infringer to stop the infringement, and to compensate for specific losses, and then eliminate the impact of infringement, if the other party is not willing to file a lawsuit to the court to protect their legitimate rights and interests.