Japon

Afrique du Sud

Moyens de faire respecter les DPI

25. Please describe to what extent the amount of damages have been estimated by courts since 1 January 1996. Please explain whether the amount of damages is adequate compensation for the injury the right holder has suffered, and how such civil procedures are consistent with Article 45 of the TRIPS Agreement.

As set out above in regard to question 23, the amount of damages awarded is based on the actual loss suffered by the right holder; the right holder has to prove the quantum of the loss suffered. Further, the amount of damages to be awarded is within the discretion of the Court taking into account the principles mentioned in question 23.