How to pay for intellectual property rights by court summons

The compensation standard of intellectual property rights in civil litigation is to take a reasonable amount not less than the patent license fee as compensation for losses, and all the profits obtained by the infringer due to infringement as compensation for losses, that is, the product of the profits obtained by the infringer from each infringing product multiplied by the total amount sold in the market. Or if the two parties agree to use other calculation methods to calculate the amount of damages, the people's court may allow it as long as it is fair and reasonable.

1. What is the compensation standard for intellectual property rights in civil litigation?

(1) In the understanding of damages, the actual economic loss suffered by the patentee due to infringement is regarded as the amount of damages, that is, the sales volume of the patentee's patented products is reduced because the infringing products of the infringer are sold in the market, and the total number of sales volume reductions is multiplied by the profit income of each patented product.

(2) In the case of knowing the compensation for damages, all the profits obtained by the infringer due to the infringement act are taken as the compensation amount for losses, that is, the product of the profits obtained by the infringer from each infringing product multiplied by the total amount sold in the market.

(3) If the amount of damages is known, a reasonable amount not less than the patent license fee shall be used as the amount of damages. For the above three calculation methods, the people's court may choose to apply them according to the different circumstances of the case.

(4) If both parties agree to use other calculation methods to calculate the amount of damages when the amount of damages is known, the people's court may allow it as long as it is fair and reasonable.

Two. Intellectual property litigation

Intellectual property litigation refers to all kinds of litigation involving intellectual property accepted by the people's courts, including intellectual property civil litigation, intellectual property administrative litigation and intellectual property criminal litigation. From this point of view, intellectual property litigation is not a single litigation type, and its essence is still the sum of civil litigation, administrative litigation and criminal litigation.

Three. intellectual property

Intellectual property, also known as "intellectual property rights", refers to "the property rights enjoyed by the obligee on the fruits created by his intellectual labor", which is generally valid only for a limited time. All kinds of intellectual creations, such as inventions, designs, literary and artistic works, as well as signs, names and images used in business, can be regarded as intellectual property rights owned by a certain person or organization. According to Professor Mark Lemley of Stanford University Law School, the word "intellectual property" was widely used after the establishment of 1967 World Intellectual Property Organization.

The labor results created by intellectual labor are protected by law, and the act of using others' achievements to obtain benefits is also punished accordingly in law. Victims can defend their rights through law and get some compensation through intellectual property litigation.