European Union
Slovenia
IP Enforcement
Furthermore, could the Government of Slovenia explain and give practical examples of: - how the compensation for damages of the infringement of intellectual property rights is calculated (Article 45.1 of the TRIPS Agreement); - what would be regarded as "expenses of the right holder" which have to be reimbursed pursuant to Article 45.2, first half of the first sentence, of the TRIPS Agreement and how they would be calculated; - whether attorney's fees can be reimbursed and how such fees would be calculated; - whether Article 45.2, second sentence, of the TRIPS Agreement has been implemented in Slovenia and how such "damages" would be calculated?
The compensation is normally calculated on the basis of licence analogy, and/or lost profit is added. In addition, the Copyright and Related Rights Act explicitly provides for punitive damages which are 200 per cent higher than ordinary damages. Court attorney fees are normally regarded as expenses of the right holder which have to be reimbursed.