Calculating intellectual property damages in the European Union

Abstract

Author’s thesis is focusing on the material and economical approaches to intellectual property – how it is evaluated, what are intellectual property damages and, most importantly, how they are determined and calculated. Author maintains that currently the understanding of intellectual property damages assesment and calculation in Europe is fragmented and lacks actual calculation methodology. While from the the legal theory of law, most civil codifications explain what is ‘‘damage‘‘ and ‘‘damages‘‘, in practice specific numbers and calculations are not introduced. The author considers that legal practicioners should be able to apply calculation and substantiate in a court or out of court settlement why and how a certain number has come about. In author’s opinion this would significantly improve the quality of intellectual property rights enforcement.