Unión Europea
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Could the US further explain whether culpable (as opposed to innocent) conduct by the infringer is a necessary condition for the award of damages?
The statutes notified by the United States pursuant to Article 63.2 indicate the conduct by the infringer that must be demonstrated as a condition for the award of damages. Regarding copyright, see 17 U.S.C. § 504; for trademarks, including certification marks, see 15 U.S.C. § 1117; for patents and industrial designs, see 35 U.S.C. § 284; for integrated circuit layout-designs, see 17 U.S.C. § 911; and for trade secrets, see § 3 of the Uniform Trade Secret Act, on which most state laws are based.