IP right owners suffer huge damages in some IP rights
infringement cases as they invest substantial amounts in their IP
rights. Therefore, compensation claims are of vital importance for
them in order to recover their damages, to protect their reputation
and create a deterrent impact on the infringing party.
In parallel with the previous regulations, the Industrial
Property Code no. 6769 ("IP Code") also provides highly
advantageous provisions for compensation actions.
In particular, the IP Code allows rights owners to request
recovery of their loss of profit caused by the infringing party as
compensation, even if there have not been actual damages resulting
from the infringement. The Code grants them alternative calculation
methods to calculate the loss of potential profit. In addition,
they are also entitled to apply to the Court for determination of
evidence to provide the relevant information and documents to be
used when calculating the damages before filing
