On 23 March 2023, the Italian Supreme Court issued its Order No. 8396 on the determination of equitable damages. The Supreme Court recalled that the application of Article 125 of the Italian Industrial Property Code refers to the principles of Articles 1223, 1226 and 1227 of the Civil Code, setting forth the general criteria for the equitable valuation of damages. By applying these principles, judges should make a counterfactual assessment of how the market would have developed in the absence of the claimed infringement. The Supreme Court also found that judges shall measure the loss of profit by reference to the earnings made by the infringer as a result of the deprivation of the infringed party's opportunity to make a profit.
Originally published by April, 2023
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