Observancia de los derechos de propiedad intelectual
23. Please explain whether the amount of damages which judicial authorities order the person who infringes intellectual property rights to pay the right holder is adequate compensation for the injury the right holder has suffered, and what criteria and the way for calculation to decide the amount for compensation.
The basis of the damages awarded is the patrimonial loss suffered by the right holder. In deciding the quantum of damages the Court takes into consideration delictual principles as set in South African jurisprudence. The right holder may also claim in lieu of damages, the payment of a reasonable royalty which would have been payable by a voluntary licensee.