China Textile City's fabric pattern infringement shall be compensated according to the amount of losses caused, and the litigation fees for the lawsuit shall be paid in advance according to the amount requested.
The textile pattern infringement in Textile City is mainly the infringement of intellectual property rights. This is clearly stipulated in the civil law and patent law. It is difficult to prove the amount of compensation calculated in accordance with the regulations. Calculate the specific amount of loss, which is the amount requested in the lawsuit, and then calculate and pay the litigation fees based on this.
Article 118 of the "General Principles of Civil Law" stipulates: The copyright (copyright), patent right, trademark right, discovery right, invention right and other scientific and technological achievement rights of citizens and legal persons are plagiarized or tampered with If there is any infringement, such as counterfeiting or counterfeiting, you have the right to demand that the infringement be stopped, the impact be eliminated, and losses be compensated.
Article 65 of the "Patent Law" stipulates: The amount of compensation for infringement of patent rights shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the amount gained by the infringer due to the infringement. Benefits determined. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.
Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid according to the following standards:
(1) In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid: Accumulated payment in installments:
1. For items not exceeding 10,000 yuan, 50 yuan shall be paid for each item;
2. For parts exceeding 10,000 yuan to 100,000 yuan, payment shall be made in accordance with 2.5 ;
3. The portion exceeding 100,000 yuan to 200,000 yuan shall be paid in accordance with 2;
4. The portion exceeding 200,000 yuan to 500,000 yuan shall be paid in accordance with 1.5;
5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;
6. The portion exceeding 1 million yuan to 2 million yuan shall be paid according to 0.9;
7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at the rate of 0.8;
8. The portion exceeding 5 million yuan to 10 million yuan shall be paid at the rate of 0.7;
9. The portion exceeding 10 million yuan to 20 million yuan shall be paid at the rate of 0.6;
10. The portion exceeding 20 million yuan shall be paid at the rate of 0.5.