Union européenne
Moyens de faire respecter les DPI
50. Please quote what provisions of your legislation authorize judges to order the payment to the right holder of adequate damages to compensate the injury he suffered.
Article 1645 of the Civil Code establishes the general rule that anyone causing harm or prejudice to another, whether intentionally or by neglect or carelessness is required to make good the act, except where it can be demonstrated that the harm or prejudice was a result of inexcusable negligence or fault on the part of the victim. The Judicial Organization Law also includes a general provision establishing that, in the event of an award of damages, the ruling shall specify the net amount. The provision adds that, if this is not possible, the ruling shall establish at least, in accordance with what has been requested, the basis for determining the assessment of the points at issue or for the fixing of the amount by experts. The Industrial Property Law establishes, in Article 185(e), that in a judgement declaring any of the actions provided for in the Law applicable the court must rule on the award of damages. A similar rule is set out in Article 134bis(d) of the Law on Copyright and Related Rights.