Japon

Slovénie

Moyens de faire respecter les DPI

[Follow-up question from Japan] With respect to Slovenia's response to question 18 from Japan regarding damages for the infringement of intellectual property rights, please describe the way for calculation of "recovery of profits" in Slovenia's response to question 5 of the Checklist of Issues on Enforcement. And, please explain whether or not "recovery of profits" includes the intellectual property right holder's lost profits, infringer's profits from the unlawful utilization of the intellectual property right or reasonable royalty for utilization of the intellectual property right.

For the calculation of the recovery of lost profits all the possibilities mentioned in the question are applicable. The calculation can be based therefore either on the right holder's lost profits, on the infringer's gained profits, or on the reasonable royalty under licence analogy. Which way will be chosen depends upon the plaintiff's claim(s) and his factual allegations, based on the submitted evidence.