Tuesday, September 29, 2015

Does the E.C. Enforcement Directive Permit Supracompensatory Damages?

Interesting post on IPKat today on three cases now pending before the Court of Justice for the European Union on the subject of supracompensatory damages for the infringement of IP rights.  I have previously blogged on the first of them (see here), Case C-481/14 (Jørn Hansson), which was referred by the Oberlandesgericht Düsseldorf and involves Community Plant Variety Rights.  The other two, Case No. C-99/15 (Liffers) and Case No. C-367/15 (Stowarzyszenie Oławska Telewizja Kablowa) involve copyright matters and I was not previously aware of them.  No hearing dates or opinions are scheduled yet in any of these, so it could be quite a while before the court issues any judgments.  For general discussion of enhanced or punitive damages for IP infringement in my book, see pp. 72-73, 275-76.

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