Legal information
Intellectual property right
Copyright infringement claim procedure
Legal compensation for intellectual property infringement, a method to calculate the amount of damages for intellectual property infringement. Generally, when the actual loss of the obligee, the illegal income of the infringer or the licensing fee of intellectual property rights cannot be determined, the court will decide the compensation below the statutory amount according to the circumstances of the infringement. Paragraph 2 of Article 49 of the Copyright Law of the People's Republic of China, paragraph 2 of Article 65 of the Patent Law of the People's Republic of China, and paragraph 3 of Article 63 of the Trademark Law of the People's Republic of China are clearly stipulated. Statutory compensation has a high proportion of application in the judicial practice of intellectual property infringement disputes in China.