Series | Studi e ricerche
Edited book | L’esperienza Uni4Justice e le prospettive future
Chapter | “Giurisprudenza predittiva”
“Giurisprudenza predittiva”
Risultati operativi e prospettive future
Abstract
This essay reviews the jurisprudential orientations on compensation for damages for infringement of industrial property rights, making particular reference to the criteria for quantifying damages contemplated by Article 125 c.p.i. Although critical issues still open in the effective application of the cited provision have been found, the picture emerging from this review is that compensation for infringement damages performs no longer and not only a reparatory function for the damages suffered by the right holder, but also a clear deterrent and in some respects a punitive function. Thus, it has been ascertained that the introduction of Article 125 c.p.i. and its application by case law have enabled those who have suffered an infringement of an industrial property right to obtain the recognition of very significant damage compensations in line with best practices at the European level.
Submitted: Sept. 27, 2023 | Accepted: Oct. 12, 2023 | Published Dec. 7, 2023 | Language: it
Keywords Industrial property rights • Criteria for quantifying damages • Punitive damages • Reasonable royalty • Compensation of damages
Copyright © 2023 Giuseppe Musella. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.
Permalink http://doi.org/10.30687/978-88-6969-765-4/013
