Tuesday, November 25, 2014

Referral to CJEU on IP Damages

This past Friday Thomas Musmann published a very interesting post on the Kluwer Patent Blog about a plant variety protection rights case before the Oberlandesgericht Düsseldorf that has resulted in the referral to the Court of Justice for the European Union of several questions relating to IP damages, including the following: "In assessing the reasonable compensation an infringer has to pay to the proprietor of a PVPR according to of Art. 94 (1) of the Regulation is there a standardized 'infringer surcharge' to be added?"  So far I haven't succeeding in finding the text of the court's decision but when I do I will report back with more about it.

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