After losing the patent prosecution, if the parties are dissatisfied with the judgment of the first-instance court, they can file an appeal; if they have no objection to the judgment of the first-instance court, they only need to comply with the judgment; if they are dissatisfied with the judgment that has taken effect, they can apply for a retrial . After a patent is infringed, you generally need to bear infringement responsibilities such as stopping the infringement, compensating for losses, eliminating the impact, and making an apology.

After the defendant loses the case for intellectual property infringement, if the parties are dissatisfied with the first-instance judgment of the People's Court, they may appeal to the People's Court. If they are dissatisfied with the effective judgment, they may apply for a retrial; if they have no objection to the court's judgment, the judgment shall become effective. After that, the effective judgment needs to be performed according to the stipulations in the judgment.

Compensation standards for intellectual property litigation:

1. In the knowledge of damage compensation, the actual economic losses suffered by the patentee due to infringement are regarded as the amount of loss compensation, that is, the infringer’s infringement When the product is sold on the market and the sales volume of the patentee's patented product decreases, the total reduction in sales volume is multiplied by the profit earned from each patented product.

2. In the knowledge of damages compensation, all the profits obtained by the infringer due to the infringement shall be regarded as the amount of compensation for losses, that is, the profits obtained by the infringer from each infringing product multiplied by the total number of sales on the market The accumulation of income.

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

4. In the knowledge of damage compensation, if the parties agree to use other calculation methods to calculate the amount of loss compensation, the people's court may allow it as long as it is fair and reasonable.

Calculation method of damages for patent infringement:

1. The actual economic losses suffered by the patentee due to infringement shall be regarded as the amount of damages, that is, the infringement of the infringing products on the market Sales reduce the sales volume of the patentee's patented products by multiplying the total reduction in sales 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 in 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.

4. 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.

Unlike patent rights and trademark rights, copyright is another component of intellectual property and has dual content. In other words, in addition to property rights, it also includes personal rights.

I hope the above content will be helpful to you. If you have any questions, please consult a professional lawyer.

Legal basis: Article 213 of the Criminal Law of the People's Republic of China

Using the same product on the same product as the registered trademark without the permission of the owner of the registered trademark If the trademarks are identical, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined.

Article 214

Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined separately. A fine shall be imposed; if the sales amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 215

Whoever forges or manufactures registered trademarks of others without authorization or sells counterfeit or unauthorized registered trademarks shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years , criminal detention or surveillance, and shall also be fined or shall be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 216

Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 217

Whoever makes profits for the purpose of making illegal gains in a relatively large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A fine alone shall be imposed; if the amount of illegal gains is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Article 218

Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law and obtains a huge amount of illegal gains, shall The offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

Article 219

Whoever infringes upon a trade secret and causes heavy losses to the owner of the trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. fine; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.