The standard of compensation for intellectual property infringement is determined based on the actual losses caused and the nature of the rights infringed. Intellectual property infringement usually includes trademark infringement and patent infringement. In addition, there is also copyright infringement, which is copyright infringement. The objective element of intellectual property infringement is the subjective fault of the infringer.

1. How to determine the standard of compensation for intellectual property infringement? It is determined based on the actual losses caused and the nature of the rights infringed, as follows: 1. Article 48 of the Copyright Law infringes upon copyright or copyright-related rights. If the actual loss is difficult to calculate, the infringer shall compensate the infringer based on his illegal gains. 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. The amount of compensation for infringement of the exclusive right to use a trademark in Article 56 of the Trademark Law shall be the benefits obtained by the infringer due to the infringement during the period of infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, including wages paid by the infringed party. Reasonable expenses incurred 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 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, they may be determined based on the benefits obtained by the infringer due to the infringement. 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.

2. What are the principles of compensation for intellectual property infringement? 1. The principle of full compensation. The principle of full compensation is also called the principle of comprehensive compensation. It is the most basic principle of compensation in modern civil law and is the basis of infringement legislation and judicial practice in various countries. general practice. 2. Principle of statutory standard compensation In view of the particularity of the objects of intellectual property protection and the difficulty in determining the facts and consequences of the damage, the intellectual property legislation of many countries has stipulated a statutory compensation system for damages caused by intellectual property infringement. That is, it stipulates the amount of compensation that should be paid if a certain infringement is committed. This is particularly prominent in copyright legislation. 3. The judge considers the principle of compensation at his discretion. No matter how strict and specific the legal provisions on compensation for damages caused by intellectual property infringement are (this is actually impossible to achieve), whether the principle of full compensation or the principle of statutory compensation is applied, it cannot exclude the judge from holding court proceedings. The facts of the case ascertained during the trial, the specific application of the law, and the discretion based on the circumstances of the individual case within the range of the amount of compensation stipulated by the law. 4. Principle of Limitation of Compensation for Mental Damage The principle of limitation of compensation for mental damage refers to the damage to the spiritual rights and interests in intellectual property rights enjoyed by citizens, legal persons and other civil subjects, and compensation for mental damage can be applied within the scope prescribed by law. In daily life, after an intellectual property infringement occurs, if the behavior is determined to be patent infringement, the infringer can be required to stop the infringement and compensate the infringer for specific losses, and then eliminate the impact of the infringement. If the other party is not willing to pay back the infringement, You can file a lawsuit in court to protect your legal rights and interests.