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Propiedad Industrial e Intelectual

Calculation of damages in IP infringement cases. EU law and jurisprudence

EU Directive 2004/48 is known as the Enforcement Directive. One of the main aspects in which EU law has been the object of harmonization is the law on the criteria that apply to the calculation of damages. Article 13 states the bases to establish the amount due to an IP rightholder by the infringer in the concept of damages.

In a recent decision rendered by the EUCJ in the Liffers case (a judgement rendered after a preliminary ruling from the Spanish Supreme Court), certain points of the law are analysed by the court and can give light to a better understanding of the applicable law. Some of these findings can be found in the legal study that is attached.

Opinion on IP infringement and damages after Liffers