1. The actual economic losses caused by the infringer to the obligee;

2. If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation can be made with reference to the royalty or the illegal income of the infringer;

3. In case of malicious infringement of intellectual property rights, if the circumstances are serious, the amount of compensation can be determined at more than one time but less than five times the amount determined according to the above method;

4. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

in order to constitute the crime of infringing intellectual property rights, the following elements are usually required:

1. objective infringement: refers to the act of infringing on the intellectual property rights of others, including but not limited to copying, spreading, displaying, selling and manufacturing infringing products. For example, unauthorized copying of other people's works and selling counterfeit goods are all objective acts of infringing intellectual property rights;

2. Subjective intention or negligence: the act of infringing intellectual property rights must be intentional or negligent. Subjective intention refers to knowingly infringing on the intellectual property rights of others; And negligence refers to the infringement caused by negligence or neglect of other people's intellectual property rights;

3. Objects with intellectual property protection: Infringed intellectual property rights must be protected by law, such as copyright, trademark right and patent right. Only the infringement of legally protected intellectual property rights can constitute the crime of infringing intellectual property rights;

4. Certain social harmfulness: Infringement of intellectual property rights must cause certain harm to society. This kind of harm can be reflected in economic losses, market disorder, and blocked innovation power, which has a negative impact on social and economic development.

to sum up, the compensation standards for infringement of intellectual property rights include the actual economic losses caused to the obligee and the reasonable expenses paid by the obligee to stop the infringement.

Legal basis:

Article 54 of the Copyright Law of the People's Republic of China

If copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses suffered by the obligee or the illegal gains of the infringer; If the actual loss of the obligee or the illegal income of the infringer is difficult to calculate, compensation may be made with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid in an amount of not less than one time but not more than five times the amount determined according to the above method.

if it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer, and the royalty, the people's court will award compensation ranging from 5 yuan to 5 million yuan according to the circumstances of the infringement.

the amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.

in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has fulfilled the necessary burden of proof and the books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provides false account books, materials, etc., the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

when hearing a copyright dispute case, the people's court shall, at the request of the obligee, order the infringing copy to be destroyed, except in special circumstances; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed without compensation; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering commercial channels without compensation.