Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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New guide to damages in trade mark infringement cases
The MARQUES Dispute Resolution Team has published a new chart showing what damages are available, and how they are calculated, in 29 jurisdictions.
The chart is available to read and download froms the Team’s page (MARQUES log-in required).
For each jurisdiction, it provides the following information:
- Availability of actual damages, punitive damages and moral damages
- Calculation methods and choice
- Factors increasing damages
- Factors decreasing damages
- Whether damages for unfair competition are available in addition to damages for trade mark infringement
The chart covers the main European jurisdictions as well as others such as Australia, Brazil, China, Hong Kong, India, Japan, Russia and the United States.
The chart has been compiled by members of the Dispute Resolution Team, with input from MARQUES members in each jurisdiction.
It may be updated in future if there are significant changes. If you would like to find out more, or to contribute to future editions, please contact a member of the Team.
Photo: Tracy O/Flickr
Posted by: Blog Administrator @ 13.57Tags: Damages, dispute resolution,
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