КАЗНЕНА НАКНАДА ШТЕТЕ У ПРАВУ ИНТЕЛЕКТУАЛНЕ СВОЈИНЕ
PUNITIVE DAMAGES IN INTELLECTUAL PROPERTY LAW

Summary/Abstract: The globalization process imposes acceptance of international and European protection standards and harmonization of regulations in the field of intellectual property rights. In some cases, there is uncritical acceptance of foreign legal instruments which are not inherent in the tradition of national legal systems. Punitive damages are one of the common law instruments which have been gradually recognized in the counties of the European-continental legal tradition, especially in the field of intellectual property law. There is a growing number of legislations that allow for the possibility of awarding multiple amounts of compensation which is due in case the infringer has requested authorization to use the intellectual property right. Punitive damages are a way of punishing the defendant in civil lawsuit and they can be awarded in cases of willful infringements of intellectual property rights. The introduction of punitive damages in intellectual property law is justified by the need to strengthen the civil protection of these rights, as well as the need to deter possible perpetrators by imposing measures and remedies necessary to ensure the exercise of these rights. Although the EU Directive on enforcement of intellectual property rights does not introduce an obligation to provide for punitive damages, there are different views in the case law of the Court of Justice of the European Union. The paper deals with punitive damages in intellectual property law, the objectives of introducing this type of sanction, possible justification for its introduction, benefits and deficiencies, as well as the current attitude of the jurisprudence on this issue.

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