Intellectual property is an intangible property right, and its infringement damage manifests itself in two aspects: direct loss and indirect loss, with the latter as the main form of expression.

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Intellectual property is a kind of intangible property right, and its infringement damage is manifested in two aspects: direct loss and indirect loss, and the latter is the main form of expression. . Intellectual property rights, as a civil right, are often easily violated. So, what kind of compensation can be obtained when the intellectual property rights of individuals or companies are infringed? What is the compensation standard for intellectual property infringement?

How to calculate the amount of damages for intellectual property infringement?

1. There are three methods for calculating compensation for patent infringement:

1) The amount of compensation is the actual economic loss suffered by the patentee due to the infringement, that is, the infringer The sale of infringing products on the market reduces the sales volume of the patentee's patented products, and the total reduction in sales is multiplied by the profit earned from each patented product.

2) The amount of compensation for loss shall be the total profit obtained by the infringer from the infringing act, that is, the product of the profit obtained by the infringer from each infringing product multiplied by the total number of sales on the market.

3) The amount of loss compensation shall be a reasonable amount not less than the patent license fee. For the above three calculation methods, the people's court can choose to apply them according to the different circumstances of the case.

If the parties agree to use other calculation methods to calculate the amount of compensation, the people's court may allow it as long as it is fair and reasonable.

2. There are two methods for calculating compensation for trademark infringement.

1) Request compensation based on the actual amount of losses suffered by the infringed party;

2) The profits earned by the infringer due to infringement during the infringement period include all profits other than costs. Amount of compensation.

3. Regarding damages for copyright infringement, the Copyright Law only stipulates the principle of civil liability for losses caused by infringement. It is generally believed that the scope of damages for copyright infringement should include direct losses and indirect losses caused by infringement, such as loss of business reputation, necessary litigation expenses, etc. The amount of compensation should be determined by taking into account the illegal gains of the infringer and the infringed party's usual gains from the exercise of copyright or related rights to the copyright.

4. There are two ways to calculate compensation for anti-unfair competition losses.

1) Compensation shall be calculated based on the losses of the infringed operator, and the scope of the losses shall include the reasonable expenses paid by the infringed operator for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests;

2) If the infringed operator’s losses are difficult to calculate, the amount of compensation shall be the profits gained by the infringer due to the infringement during the infringement period, and the infringed operator’s losses due to the investigation of the operator’s infringement of its legitimate rights and interests. Reasonable fees paid for acts of unfair competition.

In my country, intellectual property laws mainly refer to the Copyright Law, Trademark Law, and Patent Law. Their provisions on the calculation of compensation for infringement of intellectual property rights are as follows:

1 , Article 48 of the Copyright Law: If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.

2. Article 56 of the Trademark Law: The amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits gained by the infringer due to the infringement during the infringement period, or the losses incurred by the infringed party due to the infringement during the infringement period. The losses suffered include reasonable expenses paid by the infringer to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.

3. Article 65 of the Patent Law: The amount of compensation for patent infringement 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 for patent infringement may be determined based on the actual losses obtained 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.

When an individual or company’s intellectual property rights are infringed, they can choose to file a lawsuit in court and use legal weapons to protect their legitimate rights and interests. In the process of litigating a lawsuit, you can seek professional help if you encounter difficulties in producing evidence or litigation.

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