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What are the civil compensation standards for copyright infringement?
Release Time：
2022-09-24
答：China's Copyright Law article 54“Where copyright or copyright-related rights are infringed, the infringer shall make compensation according to the actual losses suffered by the right holder or the illegal gains of the infringer. Where the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made by reference to the right royalty. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at not less than one time but not more than five times the amount determined in accordance with the above methods.
Where it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, or the right usage fee, the people's court shall, according to the circumstances of the infringing act, make a judgment to pay compensation of not less than five hundred yuan but not more than five million yuan.
The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringing act.
In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof, and the account books and materials related to the infringement are mainly in the possession of the infringer, the people's court may order the infringer to provide the account books and materials related to the infringement; If the infringer fails to provide, or provides false account books, materials, etc., the people's court may determine the amount of compensation by referring to the claims and evidence provided by the right holder.
In handling cases of copyright disputes, the people's court shall, at the request of the right holder, order the destruction of infringing copies, except in special circumstances; To order the destruction of materials, tools, equipment, etc. mainly used in the manufacture of infringing copies, without compensation; Or, under special circumstances, the aforesaid materials, tools and equipment shall be ordered to be prohibited from entering commercial channels without compensation." (Source: Shenzhen Intellectual Property Protection Center, China)
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