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Damages

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Chapter Summary

Article 45.1 is a mandatory provision. It states that the judicial authorities must have the power to award fault-dependent damages upon the right holder's request against infringers, the scope of which shall correspond to the injury suffered by the right holder pursuant to Art. 45.2, sentence 1. A claim for damages by a right holder presupposes the infringement of an intellectual property right by an infringing activity undertaken by the defendant. Potential infringement activities are all impairments of intellectual property rights considered relevant under this Agreement. As specified in the Agreement, adequate damages to be paid by the infringer shall serve the purpose of compensation for infringement of an intellectual property right. The courts shall not only be authorized12 to award damages pursuant to Art. 45.1 but also to order the refund of costs of court proceedings incurred by the injured party.

Keywords: Article 45; infringement activities; infringers; injured party; intellectual property right; judicial authorities; right holder

10.1163/ej.9789004145672.i-910.288
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