Identifying damages caused by intellectual property infringement
Keywords:
Intellectual property right; Damage compensation; Damage assessment; Statutory damages; Punitive damages
Abstract
Due to the “abstract” nature of intellectual property rights, it is difficult to determine the damage caused by intellectual property rights infringement for correct and appropriate compensation. Through analysing the legal provisions and actual cases of applying provisions on compensation for infringement of intellectual property rights in Vietnam, while also referencing the laws and experiences of several countries around the world, the article proposes a number of recommendations to improve Vietnamese law on determining actual damages, statutory damages, and punitive damages caused by intellectual property rights infringement.
