Deprivation of profit as a sanction in the field of intellectual property Cover Image
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Lipsirea de profit ca sancţiune în materia proprietăţii intelectuale
Deprivation of profit as a sanction in the field of intellectual property

Author(s): Vasile Soltan
Subject(s): Civil Law, Human Rights and Humanitarian Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: intellectual property; rights; infringement; damages; disgorgement of profits;

Summary/Abstract: In some situations, the damages awarded to the holders of violated intellectual property rights do not seem to have a real deterrent effect in terms of engaging in illicit activities. This is more valid in cases where the damages awarded by the courts are lower than the value of the profit obtained by the offenders. In such cases, it remains to be seen whether the law permits and the courts can award damages commensurate with the enrichment of the offender, even if they exceed the actual damage suffered by the rights holder.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 65-78
  • Page Count: 14
  • Language: Romanian
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