Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Part 2: Trademarks, service marks and other distinctive signs
Title 1: Scope of Application
Title 2: Conditions of patentability
Title 3: Obtaining the patent
Title 4: Rights attached to the patent
Section 1: Subject-matter of the action
Section 2: Assessment of infringement
Section 3: Excercise of action
Section 4: Proof
Section 5: Interim remedies
Section 6: Action for declaration of non-infringement
A: Principle of full compensation
B: Negative economic consequences
II: Injunctions and corrective measures
III: Publication of the judgment
IV: Unfair competition action
Chapter 2: Criminal proceedings
Chapter 3: Customs detention
Part 4: Designs
413. Lump sum
1 minute de lecture
Alternatively, the court may award damages in the form of a lump sum, which must exceed the amount of the royalties or fees that would have been payable had the infringer applied for authorization to exploit the right infringed. This amount is not exclusive of damages for non-material harm caused to the injured party (Art. L. 615-7, para. 2, IP Code).
The choice of calculation method lies solely w …
