January 27, 2017

Punitive damages for IP suits in the EU?

European courts are generally not fans of American-style punitive damages, as we have noted.  But the World Intellectual Property Review has an interesting article about a recent decision from the Court of Justice of the European Union: "EU law doesn't prevent punitive damages in IP suits, says CJEU."  According to the article, the Polish Supreme Court took the view that punitive damages are not allowed for copyright infringement cases in the EU, but it asked the CJEU for a definite ruling on the issue.  The CJEU took up the issue and held that EU member states are permitted to award punitive damages in copyright infringement cases if they so choose.

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