IP right owners suffer a huge amount of damages in some IP right
infringement cases as they invest substantial amounts for their
rights. Therefore, compensation claims are of vital importance for
IP right owners in order to recover their damages, protect
reputation and have a deterrent impact on the infringing party.
Since every IP right infringement act is primarily a tort, it is
necessary to prove the wrongful act, fault of the infringing party,
incurred damage and the casual link between those to be
compensated.
However, it might be disadvantageous for the right holder if
concrete damage has to be strictly proved considering the abstract
nature of IP right infringement cases. Therefore, it is stated in
the Court of Appeal's (CoA) decisions that right holders should
be compensated without seeking concrete damage if the infringing
act occurred and the relevant conditions are met.
