Estados Unidos de América

Polonia

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

20. Article 45.1 requires that judicial and administrative officials be able to order an infringer to pay the right holder damages adequate to compensate for the injury caused by the infringement. Please describe the authority of the judges and administrative officials identified in question 1 to order a party found to be infringing to pay the right holder damages adequate to compensate for the injury caused by the infringement. Please explain the factors considered in establishing the amount of the compensation and cite the legal authorities authorizing such compensation orders.

In order to establish the amount of damages to compensate for the infringement of intellectual property rights the principle of full amount of the injury is used, namely: - real losses including diminishment of the property suffered by the injured party as a result of infringement of its right, including purposeful expenses incurred in order to establish the infringer, e.g. remuneration for a detective searching for the infringer; - lost benefits which it could have gained if it had not suffered the injury. This liability covers only standard (i.e. being in a standard causative relation) effects of action or negligence on the part of the party causing the injury. The legal basis are the provisions of Articles 361 and 415 of the Civil Code and Article 79 of the Act on Copyright and Neighbouring Rights, and also Article 20 § 2 of the Law on Trademarks.