LD Milan, July 10, 2026, Decision By Default, UPC_CFI_766/2024

1. Key takeaways

Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA

Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than merely allowing recovery of profits or compensation under Art. 68 (4) UPCA.

Continued infringement in defiance of a prior provisional injunction makes the defendant’s awareness of the infringement all the more apparent to the Court.

The subjective element (awareness of infringement) is also taken into account when granting an interim award for damages under R. 119 RoP