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What is the standard amount of compensation for intellectual property infringement?

1. What is the standard amount of compensation for intellectual property infringement?

1. If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; actual loss If it is difficult to calculate, compensation may be awarded based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

2. Legal basis: Article 49 of the "Copyright Law of the People's Republic of China"

In order to protect copyright and copyright-related rights, the right holder may adopt technology measure.

Without the permission of the right holder, no organization or individual may deliberately avoid or destroy technical measures, and shall not manufacture, import, or provide relevant devices or components to the public for the purpose of avoiding or destroying technical measures. No organization or individual may intentionally avoid or destroy technical measures. Provide technical services for others to circumvent or destroy technical measures. However, circumstances that can be avoided according to laws and administrative regulations are excluded.

The technical measures referred to in this Law refer to the measures used to prevent and restrict browsing and appreciating works, performances, audio and video products without the permission of the right holder, or providing works, performances, audio and video products to the public through information networks Effective technology, devices or components for products.

Article 68 of the Trademark Law of the People's Republic of China

If a trademark agency commits any of the following acts, the industrial and commercial administration department shall order it to make corrections within a time limit and impose a penalty on it. If a warning is given, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; the directly responsible person in charge and other directly responsible personnel shall be given a warning, and a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Forging, altering, or using forged or altered legal documents, seals, or signatures in the process of handling trademark matters;

(2) To defame other trademark agencies Using other means to solicit trademark agency business or using other unfair means to disrupt the order of the trademark agency market;

(3) Violating the provisions of Article 4 and Paragraphs 3 and 4 of Article 19 of this Law.

If a trademark agency commits any act specified in the preceding paragraph, it shall be recorded in the credit file by the industrial and commercial administration department; if the circumstances are serious, the Trademark Office and the Trademark Review and Adjudication Board may decide to stop accepting the trademark agency business and make an announcement. .

If a trademark agency violates the principle of good faith and infringes upon the legitimate interests of its client, it shall bear civil liability in accordance with the law and be punished by the trademark agency industry organization in accordance with its articles of association.

Those who apply for trademark registration in bad faith will be given administrative penalties such as warnings and fines according to the circumstances; those who file trademark lawsuits in bad faith will be punished by the people's court in accordance with the law.

2. How long is the statute of limitations for intellectual property infringement?

The statute of limitations for intellectual property infringement is three years. According to relevant legal provisions, the statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.