Compensation for damages

In the field of intellectual property and industrial property protection, the Compensation for damages to the financial compensation to which a rights holder is entitled in the event of an infringement of their intellectual property rights. Intellectual property and industrial property rights include various rights such as copyright, trademark law, patent law, design law, competition law and other related property rights.

Main aspects of damages in intellectual property and industrial property:

  1. Infringement of rights: Damages are usually claimed when there is a demonstrable infringement of intellectual property rights. This can include, for example, the unauthorized use of a copyrighted work, the infringement of a trademark or a patent infringement.
  2. Proof of the damage: The rights holder must prove that they have suffered financial loss as a result of the infringement. The damage can be based on various factors, such as lost profits or the reduction in value of the intellectual property.
  3. Predictability: The damage must be foreseeable for the infringer, which means that it is directly attributable to the infringement to a reasonable extent. Unforeseeable or remote damages may not be taken into account.
  4. Damage calculation: Damages can be calculated in different ways, depending on the type of intellectual property and the nature of the infringement. In some cases, the rights holder can demand a license fee that the infringer might have had to pay. This is known as the calculation of damages by way of License analogy. In other cases, the focus may be on the actual financial loss incurred.

Compensation in the field of intellectual property and industrial property rights serves to compensate the rights holder for the financial losses suffered

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