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How to calculate the amount of compensation for infringement of intellectual property rights
1 calculation of the infringer's profit: the infringer's profit due to infringement can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The infringer's infringement profit is generally calculated according to the infringer's business profit. For the infringer whose occupation is infringement, it can be calculated according to the sales profit. It should be noted here that if the infringer takes infringement as his occupation, it shall be calculated according to the sales profit. The sales profit is greater than the operating profit, which provides convenience for the infringer to calculate. By calculating the losses suffered by the infringer, the losses suffered by the obligee due to infringement can be calculated by multiplying the total sales reduction of patented products caused by infringement by the product of reasonable profits of each patented product. If it is difficult to determine the total sales reduction of the right holder, 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 loss suffered by the right holder due to infringement. It is difficult to determine the infringer's loss or the infringer's interest according to the calculation of several times of the patent license fee, but if there is a patent license fee to refer to, the people's court can reasonably determine the compensation amount by referring to 1 to 3 times of the patent license fee according to the category of the patent right, the nature and circumstances of the infringer's infringement, the amount of the patent license fee, the nature, scope and time of the patent license, etc. Legal basis: "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" Article 20 The benefits obtained by the infringer due to infringement 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 losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of the patented product of the patentee due to infringement by the reasonable profit income of each patented product. If it is difficult to determine the total sales reduction of the right holder, 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 loss suffered by the right holder due to infringement.