Journal Article

Monetary compensation for trade mark infringement in the European Union

Joe Cohen and Annick Mottet Haugaard

in Journal of Intellectual Property Law & Practice

Volume 5, issue 5, pages 372-377
Published in print May 2010 | ISSN: 1747-1532
Published online May 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq028
Monetary compensation for trade mark infringement in the European Union

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Legal context

This article looks the way in which the courts of the EU countries have assessed damages for trade mark infringement and awarded legal costs in trade mark infringement cases. It highlights the similarities and, importantly, the differences of approach.

Key points

Articles 13 and 14 of the Intellectual Property Enforcement Directive provide for a uniform approach by the courts of all EU countries to the award of damages and legal costs for trade mark infringement. There has been no consistency of approach by the courts of the EU countries to these issues.

Practical significance

The courts of each EU country should now be applying the law regarding the award of damages and the award of legal costs and expenses in a uniform way, in accordance with Articles 13 and 14 of the Enforcement Directive. When a body of new case law is built up in alignment with the Enforcement Directive, practitioners will be able to advise clients with more certainty on the likely outcome of a trade mark infringement case; and there are likely to be fewer opportunities for forum shopping.

Journal Article.  4495 words. 

Subjects: Arbitration ; Intellectual Property Law

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