First, the time point, when the contract is concluded, should be taken as the time point for calculating the expected loss of interest;

second, the maximum amount of loss, which should be based on the expected benefits that can be foreseen under the premise of contract performance;

the third is the expected benefit, which should be clearly agreed by the parties in the contract or foreseen by the breaching party when concluding the contract, or the possible loss caused by the breach of the contract foreseen by the breaching party, which is the loss consequence that the breaching party or the injurer should bear.

1. Article 48 of the Copyright Law

If copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual loss of the obligee; If the actual loss is difficult to calculate, compensation may be paid according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.

2. Article 56 of the Trademark Law

The amount of compensation for infringement of the exclusive right to use a trademark refers to the benefits gained by the infringer during the period of infringement, or the losses suffered by the infringee during the period of infringement, including the reasonable expenses paid by the infringee to stop the infringement. If the infringer gains benefits from infringement as mentioned in the preceding paragraph, or it is difficult to determine the losses suffered by the infringed, the people's court shall award compensation of less than 5, yuan according to the circumstances of the infringement.

3. Article 65 of the Patent Law

The amount of compensation for patent infringement shall be determined according to the actual loss suffered by the obligee due to 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 obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine to pay compensation of not less than 1, yuan but not more than 1 million yuan according to factors such as the type of patent right, the nature and circumstances of the infringement.

ii. types of intellectual property rights

1. copyright and industrial property rights

intellectual property rights are the ownership of results produced by intellectual labor, which is an exclusive right granted to qualified authors, inventors or owners of results within a certain period of time according to the laws of various countries.

there are two kinds of it: one is copyright (also called copyright and literary property right), and the other is industrial property right (also called industrial property right).

(1) Copyright

Copyright, also known as copyright, refers to the property rights and spiritual rights legally enjoyed by natural persons, legal persons or other organizations for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, the intellectual property rights we talk about mainly refer to the copyright of computer software and the registration of works.

(2) industrial property right

industrial property right refers to an intangible property right with practical economic significance in industry, commerce, agriculture, forestry and other industries, so it seems that the name of "industrial property right" is more appropriate. It mainly includes patent right and trademark right.