What remedies (both interim and final) are available for infringement of each of the intellectual property rights described above?

Intellectual Property (2nd edition)

Russia Small Flag Russia

The remedies available under Russian law for infringement of intellectual property rights described in section A include the following:

  • Recognition of a right;
  • Cease and desist order regardng infringing activity or actions creating a threat of infringement (although in practice courts often do not consider only a threat of infringement (for example, preparatory actions) as sufficient grounds for satisfying a claim);
  • Interim injunctions;
  • Withdrawal from the market and destruction of infringing goods;
  • Publication of court decisions asserting an infringement (for inventions, utility models, industrial designs, breeding achievements);
  • Damages or monetary compensation (monetary compensation is available for infringement of trademarks, patents, copyright (neighbouring rights) and appellations of origin of good);
  • Termination of a legal entity or the commercial rights of an individual entrepreneur (in case of repeated or gross violations).

China Small Flag China

Remedies include preliminary and permanent injunctions, damages, public apologies, destruction of any infringing products and tools or moulds used for the infringing activities.

France Small Flag France

Pursuant to the articles L. 331-1-1 (copyright), L. 521-6 (design), L.615-3 (patents) and L.716-6 of the IPC, a right owner can apply, at a preliminary stage, either ex parte or inter partes, for measures to prevent imminent infringement or to stop infringement.

Interim remedies includes in this respect:

  • interlocutory injunction to cease the allegedly infringing acts, eventually under a penalty;
  • the lodging of guarantee to ensure the rightholder’s compensation;
  • the seizure of the litigious goods or their withdrawal from distribution channels.

Should a claimant succeed in its infringement action, available final remedies would include:

  • the issuance of a permanent injunction to cease the infringing acts;
  • the grant of damages;
  • the seizure or destruction of infringing goods;
  • the withdrawal of the infringing products from distribution channels;
  • the publication of the Court decision.

Concerning legal entities, under articles L.335-5 (copyright), L.521-10 (designs), and L.716-11-1 (trademarks) of the IPC, the court may also order the total or partial closure of the infringing organisation, either permanently or temporarily.

It should be noted that infringers can also face criminal sanctions (see question 16).

Switzerland Small Flag Switzerland

Available remedies include injunctions, declaratory judgements, assignment of the intellectual property rights, order to disclose the origin and quantity of infringing goods and name of the recipients, order to disclose the extent of any distribution to commercial and industrial customers, damages, publication of the judgement and/or destruction of the infringing goods and their removal from the market.

Poland Small Flag Poland

Interim remedies
There is no exhaustive list of measures available for the claimant while filing a motion for an interim remedy. IP legislation contains certain interim measures which can be employed in case of an infringement, but as the court has a broad right to "regulate the rights and obligations of the parties for the duration of the proceedings", other measures may also be employed. In practice, right holders usually demand the following:

a) an order to suspend production or sales of products that are likely to infringe a right;

b) an order to seize such goods;

c) an obligation imposed on the defendant or a third party (who, e.g., possesses the infringing goods) to provide information on the origin or distribution networks of potentially infringing goods.

Final remedies
In IP infringement disputes, in most cases the claimant may demand the following main remedies to be awarded against the defendant:

a) cessation of the infringement (a permanent injunction);

b) return of unlawfully earned benefits;

c) communication of the court decision or part of it in public;

d) decision regarding the unlawful products or materials owned by the infringing party – especially by ordering their withdrawal from the market, destruction or awarding them to the plaintiff in lieu of damages;

e) payment of damages.

In most cases, damages may only be awarded if the infringement is found by the court to be committed in a culpable manner (i.e., wilfully or negligently).

Certain remedies are only available for specific IP rights. In cases concerning copyright infringement or unfair competition acts (including trade secret violations), the court may force the defendant to publish a specific declaration, usually in the form of a public apology.

Italy Small Flag Italy

In proceedings on the merits, the IP owner can request:

  • declaratory judgment,
  • definitive injunction,
  • definitive removal from the market of the counterfeit goods, their destruction, assignment of infringing goods,
  • publication of the judgment and award of damages.

As for the interim measures, an IP owner could request:

  • the measure of injunction from manufacturing, trading and using anything infringing the right;
  • the seizure of any infringing goods; and
  • the order to recall of any of the same infringing goods.

The granting of preliminary measures requires two fundamental conditions. Firstly, “fumus boni iuris”, which implies, on the balance of probabilities, the existence of infringement and “apparent” IP right validity. In other words, full evidence of the infringement is not requested; in fact, “fumus boni iuris” implies that the claimant has to prove that he is entitled to enforce his alleged rights and that there are good reasons to believe that these rights are indeed being infringed by the defendant. Secondly, "periculum in mora” (urgency) needs a demonstration that the delay incurred in ordinary litigation will generate an “irretrievable loss”. According to certain case law, periculum is in re ipsa whenever the infringement implies a concrete risk of passing off potentially irreversible and, at the same time, damage quantification is difficult.

According to general Italian civil proceeding law, the content of certain precautionary judgments can become stable without the need to start an action on the merits, upon the condition that the precautionary judgment is suitable to anticipate the content of the hypothetical final decision to be delivered by the judge at the end of a proceeding on the merits (Article 669-octies (6), (7) and (8) of the Italian Civil Procedural Code).

With specific reference to Italian IP legislation, according to some scholars, the interim injunction (which prevents an entity from keeping an unlawful behaviour concerning an IP right) falls within the scopes of application of the abovementioned rule set forth by Article 669-octies (6), (7) and (8) of the Italian Civil Procedural Code. In particular, the content of an interim injunction (i.e. the order to stop a determined behaviour) is mostly the same as one of an injunction ordered at the end of an action on the merits and, therefore, if none of the parties starts the action on the merits, the effects of the interim injunction remain stable, as confirmed by Article 131 (1-quarter) of the IPC.

On the other hand, a different doctrine retains that the abovementioned rule contained in the IPC breaches the principles set forth in the TRIPs Agreement, where it is stated that measures taken on an interim basis shall "cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Member's law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer" (Article 50 (6) TRIPs Agreement). Therefore, on the basis of the theory mentioned herein, the party that obtained an IP interim injunction should go on the merits in order to try to stabilise the effects of the same injunction, in order to comply fully with the provisions of the TRIPs Agreement.

Cyprus Small Flag Cyprus

The forms of interim remedies available are search orders (Anton Piller orders), disclosure orders (Norwich Pharmacal orders) and interim injunction that prevents the infringer from infringing or continuing to infringe.

As final relief, award of damages or account of profits, delivery up of the infringing articles, their forfeiture and destruction as well as injunction to prevent further infringement and declaration that the right in issue has been infringed may be granted.

Israel Small Flag Israel

The following remedies are available to IP owners for infringement claims:
(i) Damages
Monetary damage awards are relatively small compared to the norm in OECD countries. An award of damages generally requires proof of infringement and amount of damages, or, at least, a reasonable estimate of damages. In assessing the amount of monetary damages, a court may require the plaintiff to provide an accounting of the amount of the damages. However, the court’s final award of damages will not necessarily be bound by this accounting. Courts routinely award statutory (stipulated) damages, without proof of damage, in the amount of up to NIS 100,000 (approximately US$27,700) for each infringement.

(ii) Punitive Damages
Punitive damages are available in Patents if the court concludes that the infringement continued after the rights owner gave notice to the infringer. In trademarks, designs and copyrights, the Court may also take into consideration punitive interest when determining the damages. In which case the amount of the punitive damage award will not exceed the amount of the award for actual damages.

(iii) Preliminary and Permanent Injunctions
Preliminary injunctions may be issued if a party can provide apparent proof of cause, convince the court of urgency and, in most cases, provide its own or a bank guaranty. Approximately one month later, the court usually holds a more comprehensive hearing to consider the continuation of the preliminary injunction. Often the preliminary injunction is left in force throughout the litigation of the main claim. Since such litigation may continue for years, and given the dynamic pace of change in high-tech sectors, the preliminary injunction is usually sufficient to restrain or repress competition.

(iv) Giving Account
The court may order a defendant to provide the plaintiff a complete report on details and accounts with regards to its infringing activities.

(v) Costs.
The courts generally award costs to the prevailing party in litigation. However, costs are usually subject to caps set by regulation and rarely amount to more than 50% of the actual legal fees expended.

(vi) Collection and/or Destruction of Infringing Items
In cases of trademark or copyright infringement, a trademark or copyright owner may demand that the infringer deliver to the owner or destroy all copies of the infringing material as well as the relevant printing plates. In cases of trade secret infringement, the court may issue an order to enter into private premises and seize relevant evidence.

Chile Small Flag Chile

The Chilean Industrial Property Law establishes that the owner whose right has been damaged may demand the following reparations:

  • The cessation of acts that violate the protected right.
  • The compensation for damages and prejudices. It should be noted that this sanction does not apply in those cases in which the infringing party was not aware of committing an infringement of an industrial right.
  • The adoption of the necessary measures to prevent the infringement from continuing.
  • The publication of the sentence at the expense of the convicted person, by means of announcements in a newspaper of the plaintiff’s choosing. This measure must be expressly indicated in the sentence.

Greece Small Flag Greece

Both interim and final relief measure are available for intellectual property rights infringement, which are broadly similar for all types of IP rights.

In the context of injunctive relief, the rights holder is entitled to claim, inter alia:

  • Temporary cessation of the infringement;
  • Temporary withdrawal of the infringing products from the market;
  • Provisional seizure of infringing products, and
  • Publication of the injunction order in the press and/or online.

The related decision may also provide for penalties (in the form of financial penalties and personal incarceration) in case of contempt of the decision and for each violation of its provisions.

It is worth noting that the rights holder may request measures to preserve evidence and has the right to information.

A Petition for injunction is granted if the element of urgency is prevalent in the circumstances of a particular case.

Upon the filing of the injunction application, the rights holder may apply for a temporary restraining order (TRO), which is granted in cases where the petitioner proves the existence of a prima facie serious infringement as a matter of exceptional urgency. The TRO usually remains in force until the Petition for Injunction hearing takes place but can be extended until the issuance of the decision on the injunction application.

In the context of the main infringement action, the rights holder may request:

  • Permanent cessation of the infringing activities;
  • Destruction of the infringing products;
  • Moral and/or material damages, and
  • Publication of the judgement in the press or online, at the expense of the infringer.

In the calculation of damages, the negative economic consequences suffered by the rights holder, including loss of profits, as well as profits made by the infringer, must be taken into account.

Damages may also be calculated on the basis of hypothetical royalties.

United Kingdom Small Flag United Kingdom

Interim orders and remedies
During proceedings, the most common forms of interim relief and measure that an IP right owner may seek from the court are:

Search and preservation orders: Formerly known as Anton Piller orders, a search and preservation order allows the Claimant's solicitors to search a Defendant's premises and seize any infringing articles or incriminating documents. To secure the award of this order the Claimant must show that: (i) they have a strong prima facie case, (ii) the actual or potential damage to the Claimant is very serious, and (iii) the Defendant has possession of infringing articles or incriminating documents and there is a real possibility they will dispose of or destroy them.

Norwich Pharmacal Orders: A Norwich Pharmacal order is an order compelling a Defendant to disclose the identity of the supplier of an infringing article. A failure to comply with the order may result in the Defendant being in contempt of court.

Interim Injunction (Preliminary Injunction): The IP right owner may seek an interim injunction to prevent the alleged infringer from infringing, or continuing to infringe, the IP right in question during the proceedings. Interim injunctions may be secured on an emergency basis, pursuant to an ex parte application. Interim injunction proceedings can be quick and cost efficient, particularly in trade mark cases.

In considering whether to grant an interim injunction, the court will consider whether there is a serious question to be tried, whether the balance of convenience lies in favour of granting, or not granting, the injunction, and whether granting an injunction best preserves the status quo. This will also involve consideration of whether damages would be adequate compensation for each of the parties if the interim injunction were wrongly granted or refused. The IP right owner will be required to give a cross-undertaking in damages, to undertake to pay the alleged infringer damages in the event that the interim injunction is wrongly granted (i.e. if the court ultimately determines that the IP right was not valid or not infringed).

The court will also consider the difference in time between the IP right owner knowing of the infringement and making the interim injunction application. Delay in making an application adversely affects the likelihood of an interim injunction being awarded.

If, following the trial, the court determines that the IP right is valid, and infringer, the IP right owner may seek:

Damages or an account of the infringer's profits: the IP right owner may seek either damages or an account of profits. Damages are intended to compensate the IP right owner for losses caused by the infringement. Damages may be based on the profits the IP right owner would have made but for the infringement or on the basis of a hypothetical reasonable royalty. An account of profit is based on the profits made by the infringer, rather than the harm caused to the IP right owner. The court may allow various deductions (such as a portion of overheads) and may consider the contribution of the infringement to profits (e.g. the contribution of an infringing component to the sales of a larger product).

Injunctive relief: A final injunction prohibits further infringing activity by the infringer for the duration of the right. An injunction is not an automatic entitlement and it remains at the court's discretion whether one is granted or substituted for financial compensation, for instance if the infringement is trivial or where no future threat of infringement exists.

Delivery Up/Destruction of Infringing Articles: A successful Claimant may seek an order for the delivery up or destruction of the infringing articles and the courts are under an obligation to consider the proportionality of the request for such an order against the gravity of the infringement.

Declaratory Relief: Where an IP right owner has brought a claim of infringement and is successful, the court will make a declaration that the IP right has been infringed. Similarly, where a patent is held to be valid, a declaration of validity may be awarded, and accordingly, where a patent is held to be invalid, a declaration of invalidity may be ordered in conjunction with a revocation order. If part of a right is valid, for instance if some claims of a patent are invalid and some are valid, or if a trade mark is valid in relation to certain goods and services, but not others, the IP right owner may apply to amend its right, to remove the invalid aspects.

Orders for Publication: There is scope for the court to order a party, at their own cost, to publicise the outcome of a case.

Pakistan Small Flag Pakistan

In all intellectual property right matters the reliefs which a court may grant in any suit for infringement can be an interim injunction followed by permanent injunction subject to such terms, if any, as the court thinks fit and at the option of plaintiff, either damages or account of profits.

Ecuador Small Flag Ecuador

Judgements of damages and settlements on which it is agreed to receive a compensation for the infringement.

United States Small Flag United States

Owners of patents and registered trademarks can seek infringement remedies that include monetary as well as injunctive relief. Injunctive relief may be preliminary or permanent. Owners of a registered copyright is entitled to actual damages and any of the infringer’s profits or statutory damages, which can be up to $150,000, as well as cost’s and attorney’s fees.

Malaysia Small Flag Malaysia

Special damages, general damages, injunctions, account of profits, costs (partial), exemplary damages, statutory damages, declaration, an order for delivery up (if applicable).

Philippines Small Flag Philippines

An owner of a patent, trademark, or copyright may bring a civil action before a court of competent jurisdiction, to recover appropriate damages from the infringer. An injunction in favor of the owner of a patent, trademark or copyright may also be granted restraining such infringement. The court may also order the destruction of infringing materials for violations of trademark. Impounding of trademark infringing goods is likewise possible. In a copyright infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings.

Japan Small Flag Japan

Remedies include:

  • Preliminary/permanent injunction along with measures necessary to suspend and prevent infringement (such as destruction of infringing goods
  • Compensation for damages
  • Measures to restore credibility (such as a public apology in a newspaper)

UAE Small Flag UAE

Interim remedies

Precautionary order :

  • to attach infringing goods,
  • to gather evidence of the infringement (only available for trademark, copyright and neighbouring right infringement),
  • to stop the publication, exhibition, reproduction of a work (only available for copyright and neighbouring right infringement),
  • to assess the income resulted from publication or exhibition of the work (only available for copyright and neighbouring right infringement),

    requested ex-parte by the right holder (or the licensee in patent and design cases). A lawsuit on the merits should be filed within 8 days of the issue of the order in patent, industrial drawings and designs, and trademark infringement cases, and within 15 days in copyright or neighbouring right infringement cases, failing which the order will be null and void.

  • Order prohibiting a defendant from leaving the country (where there is a risk of the defendant fleeing the country);
  • Appointment of an expert to examine evidence which may be destroyed or lost.

Final remedies

  • Injunction to stop the infringing acts (although the right for an injunction is not expressly provided for under the under the UAE Trademark Law and the UAE Patent and Design Law, courts have already granted injunctive orders in trademark infringement cases).
  • Damages to compensate for the damage suffered (although the right to seek compensation is omitted in the Patent and Design Law and in the Copyright Law, claimants may rely on the provisions of the Civil Transactions Act and the Commercial Transactions Law to request damages), it being specified that under the UAE Trademark Law, the right to compensation is subjected to the commission of a criminal offense as provided for under articles 37 and 38.
  • Confiscation and destruction of the infringing goods and equipment used to commit the infringement
  • Publication of the judgment

Mexico Small Flag Mexico

Inventions

IP right

Interim remedy

Final remedy

Patents

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

1) Fine

2) Temporary/permanent closure

3) Administrative detention

4) Infringement declaration

5) Stop the commercialization of the infringing products

Utility models

Industrial designs

Integrated circuits

Brands

IP right

Interim remedy

Final remedy

Trademarks

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

1) Fine;

2) Temporary/permanent closure;

3) Administrative detention;

4) Infringement declaration; and

5) Order to stop the commercialization of the infringing products.

Trade names

Slogans

Appellations of Origin

Geographical Indications

Copyright and other rights

IP right

Interim remedy

Final remedy

Copyright

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

Within an administrative procedure, the final remedies available are the following:

1) Fine;

2) Temporary/permanent closure;

3) Administrative detention;

4) Infringement declaration; and

5) Order to stop the commercialization of the infringing products.

On the other hand, if a civil action is initiated, the final remedies available would be the following:

1) Infringement declaration;

2) Order to stop the commercialization of the infringing products;

3) Order to pay damages; and

4) Order to pay litigation expenses.

Related rights

Reservation of rights

Plant varieties

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products; and

3) Seizure of goods.

A fine determined by the authority.

India Small Flag India

Patents:
In case of infringement of patents, the following interim and final remedies are available in India:

  • Temporary or interim injunction
  • Damages and account of profits:
  • Reasonable royalty
  • Permanent injunctions:
  • Ex parte injunctions:
  • Other remedies include seizure of infringing goods etc

Designs:
A registered proprietor can institute a suit for infringement in a district court or a high court, depending on the pecuniary jurisdiction, for temporary or permanent injunction and/or recovery of damages against any person engaged in the piracy of design.Any person involved in the piracy of design is liable to pay the registered proprietor of design and the proprietor may also bring a suit for recovery of damages for such contravention and for an injunction against the repetition.

The remedy of passing off is also available under the laws of designs. However, the remedy of passing off cannot be combined with the remedy of infringement.

Copyright and trademarks:
In case of copyright infringement, the following civil and criminal remedies are available:
Civil remedies: interlocutory injunctions, pecuniary remedies in the form of damages and account of profits, Anton Pillar orders, Mareva injunctions.

Criminal Remedies for Copyright: Any person who knowingly infringes or abets the infringement of copyright in any work commits criminal offence under S. 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of INR 50,000 (USD 780 approx), In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of INR 1 lac (USD 1580 approx.).

Criminal remedies for trademarks: The Trade Marks Act provides sanctions for falsifying and falsely applying trade marks, which is punishable with imprisonment for a term between six months and three years, and fine between INR 50,000 (USD 780 approx.) and INR 3 lacs (USD 4670 approx.).

Latvia Small Flag Latvia

Patents - Compensation of damages and moral damages, a court order to stop using the invention and prohibition of any further use, including withdrawal of the infringing products from the market and distribution channels. The court judgment, in part or in full, may also be published in newspapers and other mass media. According to the law it is possible to request the following forms of damages: direct or indirect losses, including lost profits; and a licence fee or unfair (illegally gained) profits. The law also provides a possibility to request compensation for moral damages. The amount of such damages is determined solely on the basis of the evidence submitted by the parties. Punitive damages are not permitted.

Trade marks:

  • Provisional remedies

- seizing of such movable property with which the intellectual property rights are allegedly being infringed;

- an obligation to recall goods with which it is alleged that the intellectual property rights are being infringed;

- a prohibition to perform specific activities by both the defendant and persons whose provided services are used in order to infringe the intellectual property rights, or persons who make it possible for the committing of such infringements.

  • Final remedies

- stop and prohibit the use of unlawful objects of intellectual property rights;

- stop and prohibit measures, which are recognised as preparation for the unlawful use of objects of intellectual property rights;

- stop and prohibit the provision of services, which are used for unlawful activities with objects of intellectual property rights by persons:

a) the services of whom are used in order to infringe the rights of the holder of the intellectual property rights, or

b) who make possible the performance of such infringements;

- in accordance with the procedures laid down in law, reimburse the losses and moral damages caused due to unlawful use of an object of intellectual property rights;

- cancel or withdraw completely the infringing goods (infringing copies) from trade;

- destroy the infringing goods (infringing copies);

- cancel or withdraw completely from trade the facilities and materials used or intended to be used for making of the infringing goods (infringing copies) if the owner thereof knew or should have known from the circumstances that such facilities and materials have been used or intended for the performance of unlawful activities;

- fully or partially publicize the court judgment in newspapers and other mass media.

Plant varieties - Compensation of damages and moral damages.

Semiconductor topography rights - The same remedies are available as for patent infringement.

Vietnam Small Flag Vietnam

The goods infringing IP rights or raw materials and materials, or facilities of production or trading of such goods may be subject to one of the following interim injunctions: (a) retention; (b) seizure; (c) sealing; prohibiting any alteration of the original state; prohibiting any movement; (d) prohibiting transfer of ownership. Other provisional urgent measures may be applied in accordance with the Civil Procedure Code of 2015.

As a result of a court’s award, five permanent injunctions as below may be decided to deal with organizations and individuals who have committed acts of infringement of copyright, related right:

  1. Compulsory termination of the infringing acts.
  2. Compulsory public apology and rectification.
  3. Compulsory performance of civil obligations.
  4. Compulsory payment of damages for loss.
  5. Compulsory destruction, distribution or use for non-commercial purposes of goods, raw materials and materials, and facilities used principally for the production or trading of goods which infringed intellectual property rights, provided that such destruction, distribution or use will not affect the exploitation of rights by intellectual property right holders.

Germany Small Flag Germany

Remedies include:

  • Preliminary injunctions, for example regarding restraining orders, rendering of information and seizure of goods by the court bailiff and permanent injunctions;
  • declaratory relief;
  • injunctive relief;
  • damages;
  • disclosure of information and accounts;
  • delivery up / destruction of infringing products;
  • recall of infringing products and removal from the market;
  • publication of the decision, for example under Section 140e Patent Act and Section 24e Utility Model Act;
  • Reimbursement of the statutory legal costs and fees for bringing the action.

Malta Small Flag Malta

Please see the answer to question 17 as this was elaborated in more detail there.

Essentially, a number of interim and final remedies are available to rights holders, some of which are based on general civil law, while others are based on the laws regulating the enforcement of IPRs or in the specific Acts of law dedicated to each IPR.

Brazil Small Flag Brazil

Remedies include:

  • Preliminary Injunctions, for example regarding restraining orders, rendering of information and seizure of goods by the court bailiff and permanent injunctions;
  • declaratory relief;
  • injunctive relief;
  • damages;
  • disclosure of information and accounts;
  • delivery up / destruction of infringing products;
  • recall of infringing products and removal from the market.

Norway Small Flag Norway

Both preliminary and final injunctions are available for infringement of each of the intellectual property rights described in Section A.

Compensation and damages for infringement of trademarks, company names, patents, copyrightable works, designs, semiconductor topographies and plant variety rights shall be determined on the basis of one of the following options, whichever is most favourable for the owner of the IP-right:

  • compensation corresponding to a reasonable licence fee for the use, as well as damages for any loss resulting from the infringement that would not have arisen in connection with licensing;
  • damages for any loss resulting from the infringement; or
  • compensation corresponding to the gain obtained by the infringer through the infringement.

In the event of wilful or gross negligent infringement, the infringer shall instead pay compensation corresponding to twice a reasonable licence, if demanded by the rights-holder. In the event of infringement committed in good faith, the compensation shall correspond to a reasonable licence fee. Additionally, the plaintiff may also assert a claim that the infringing goods are destructed or handed over to the rights holder.

Please be advised that the liability mentioned here may be reduced pursuant to the Act on Compensatory Damages if there are significant reasons to suggest such a reduction.

Updated: September 19, 2018