XI. Breach of the Copyright

Material to study

http://ec.europa.eu/internal_market/iprenforcement/docs/damages_en.pdf

Tasks and questions (23rd April)

1) What claims can you apply for in case of the breach of the copyright in your jurisdiction? Can
you apply for the interim injunction?

2) What are the conditions for the successful claims for the damages or unjust enrichment in case
of the breach of the copyright in your jurisdiction?

3) How would you prove the damnum emergens and lucrum cessans in case of the copyright
infringement? Are there any presumed amounts which you can apply for?

4) Does your jurisdiction also recognize the claim for the fair compensation of the immaterial
damage?

5) Does the copyright law in your jurisdiction recognize the concept of the circumstances which
excludes the illegality of the violation of the copyright?