The specific amount of compensation for general infringement is difficult to determine. The standard of compensation is that reasonable expenses for treatment and recovery such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. should be compensated, and Reduced income due to missed work. If the property of others is infringed upon, the property losses shall be calculated according to the market price at the time of the loss or other reasonable methods.

The standards for infringement compensation are:

1. Medical expenses shall be determined based on the diagnosis certificate of the local treating hospital and medical expenses, treatment expenses, hospitalization expense documents or medical records and prescriptions;

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2. Lost work wages. If the victim has a fixed income, the compensation for lost work wages shall be calculated based on the actual loss of his income.

3. Meal expenses, compensation shall be based on the food subsidy standard for general staff of state agencies on business trips multiplied by the number of days in hospital;

4. Nursing expenses, if the nursing staff has income, compensation for nursing expenses It can be calculated according to the provisions of this opinion on lost time pay. 5. Disability equipment fees, based on the certificate of the treating hospital or forensic opinion, combined with factors such as the age of the user, the average life span of the Chinese population, the service life of the equipment, etc., the compensation amount is calculated based on the cost of popular equipment;

6. Nutritional expenses, Calculated based on 40% to 60% of the average living cost of local residents;

7. Disability compensation, based on forensic identification standards, based on the per capita income of urban residents in the location of the court being sued in the previous year The standard of disposable income or per capita net income of rural residents is calculated twenty years from the date when the disability is determined.

Infringement has the following characteristics:

Infringement is an act that infringes upon the legitimate rights and interests of others, and this act must cause damage. Mere conduct without damage does not constitute an infringement. Damage includes not only material damage such as money, but also personal injury, death, and mental damage. Only the existence of damage can reflect the legitimate property of the state, the collective or others, or that of others.

A tort is a civil violation. Civil violations generally include three types; first, acts that infringe on other people's property rights, personal rights, intellectual property rights or other legitimate rights and interests, referred to as torts.

The amount of compensation for trademark infringement is analyzed specifically and is generally determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, it can be determined based on the benefits gained by the infringer due to the infringement; If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of trademark exclusive rights and the circumstances are serious, the amount of compensation may be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.

Legal basis:

Article 192 of the "People's Republic of China and Civil Code" stipulates: When the statute of limitations expires, the obligor may raise a defense of non-performance of obligations. . After the expiration of the statute of limitations, if the obligor agrees to perform, he may not use the expiration of the statute of limitations as a defense; if the obligor has performed voluntarily, he may not request return.