Patents
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6. Q: How are damages calculated?
  A:

The amount of monetary damages for infringement of a patent right shall be determined on the basis of the loss that the rightholder has actually suffered because of the infringement. If it is difficult to determine the actual loss, the amount may be determined on the basis of the profits the infringer has gained from the infringement. If it is difficult to determine the rightholder’s losses or the infringer’s profits, the amount may be determined by reference to reasonable royalty of the patent. The monetary damages shall include the reasonable costs incurred for stopping the infringement.

If it is difficult to determine the losses that the rightholder has suffered, the profits that the infringer has gained, or the royalty of the licensed patent, the people's court may award the monetary damage at the amount not less than RMB 10,000 yuan and not more than RMB 1,000,000 yuan depending on the factors including the type of the patent right, the nature and gravity of the infringing act etceteras.

We have conduct a research on this issue and you may visit http://www.cpt.cn/uploadfiles/20100414095525062.Pdf for more information.
 

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