legal ground
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 22 stipulates that if the obligee claims to pay a reasonable fee to stop the infringement, the people's court may calculate the amount of compensation in addition to the amount of compensation determined in Article 65 of the Patent Law.
the trademark law of the people's republic of china
Article 63 stipulates that the amount of compensation for infringement of the exclusive right to use a trademark shall be determined according to the actual losses suffered by the obligee due to the 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 owner's rights or the benefits obtained by the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. Malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be more than one time but less than five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.
Copyright law of the people's Republic of China
Article 54 stipulates that 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 it is difficult to calculate the actual loss of rights or illegal gains of the infringer, compensation may be made with reference to the use fee. Intentional infringement of copyright or copyright-related rights, if the circumstances are serious, may be compensated by more than one time and less than five times the amount determined by the above method. If it is difficult to calculate the actual loss of rights, the illegal gains of the infringer and the royalties of rights, the people's court shall, according to the circumstances of the infringement, award compensation of not less than 5 million yuan to 500 yuan. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
Regulations on the protection of layout design of integrated circuits
Article 30 stipulates that unless otherwise stipulated in this Ordinance, the perpetrator must immediately stop the infringement and bear the liability for compensation if he commits any of the following acts without the permission of the layout-design right holder:
(1) Reproduction of all or the original part of the protected layout-design;
(2) importing, selling or otherwise providing a protected layout design, an integrated circuit containing the layout design or an article containing the integrated circuit for commercial purposes. The amount of compensation for infringement of the exclusive right of layout-design refers to the benefits or losses obtained by the infringer, including the reasonable expenses paid by the infringer to stop the infringement.
General Principles of Civil Law of People's Republic of China (PRC)
Article 152nd stipulates that in any of the following circumstances, the right to cancel:
(1) The party concerned fails to exercise the right of cancellation within one year from the date when he knew or should have known the reason for cancellation, or the party with serious misunderstanding fails to exercise the right of cancellation within 90 days from the date when he knew or should have known the reason for cancellation;
(2) The party concerned is coerced and fails to exercise the right of cancellation within one year from the date when the coercion is lifted;
(3) After the parties know the reasons for cancellation, they explicitly express or show that they give up the cancellation right by their own actions. If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 20 stipulates that business operators, in violation of the provisions of Article 8 of this Law, make false or misleading commercial propaganda on their commodities or organize false transactions. , to help other operators make false or misleading commercial propaganda, the supervision and inspection department shall order them to stop the illegal act and impose a fine of more than 200,000 yuan 1 10,000 yuan; If the circumstances are serious, a fine of1100,000 yuan but not more than 2,000,000 yuan may be imposed, and the business license may be revoked.