Archive: 12 Jun 2013

The better way to a compensation of damages: Infringer´s profit or license analogy

The better way to a compensation of damages: Infringer´s profit or license analogy

In Germany the compensation of damages in case of infringement proceedings based on patents and the like is preferably calculated via the infringer’s profit and less via the license analogy which can be handled easier. The reason for that is that the Federal Court of Justice determined in its fundamental decision “Gemeinkostenanteil” (GRUR 2001/ 329) […]