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
B: Negative economic consequences
C: Lump sum
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
411. Principle of full compensation
1 minute de lecture
Article 1240 of the Civil Code provides that compensation for harm must be made in full. It must aim to restore the patentee to the situation it would have been in had the infringement not occurred without loss or profit for either party . Once it has obtained full compensation for its harm, an undertaking cannot obtain further compensation, under any classification whatsoever. For example, a pate …
