first of all, the amendment strengthens the protection of the legitimate rights of patentees. in the amendment, it is stipulated that "for willful patent infringement with serious circumstances, the amount of compensation shall be determined ranging from one to five times the amount of compensation determined by the preceding methods. where it is difficult to determine the losses suffered by the patentee, the profits which the infringer has earned through the infringement and royalties, the people's court may set an amount of compensation of no more than rmb 5,000,000 in light of factors such as the type of the patent right, the nature of the infringing act and the circumstances. "this amendment not only increases the statutory compensation limit stipulated in the original patent law, the lower limit is increased from 10,000 to 30,000, and the upper limit is increased from 1 million to 5 million; it also provides for the implementation of a punitive compensation system for serious infringement of patent rights, and the compensation can be up to 5 times. the addition of punitive compensation and the increase of statutory compensation will be conducive to the protection of the legitimate rights of patentees. it also increases the cost of infringement. in addition to increasing the compensation, the amendment also stipulates that: "in order to determine the amount for compensation, under the circumstances in which the right holder has endeavored to present evidence, and the related account books or materials are mainly in control by the accused infringer, the people's court may order the accused infringer to provide account books and materials relating to the infringing conduct; if the accused infringer does not provide or provides false account books or materials, the people's court may refer to the right holder's claims and evidence to rule on the amount of compensation. "this provision improves the rule of evidence and reduces the burden of proof on the obligee.
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