BREAKING: CJEU says that victim of IP infringement can also seek compensation for moral prejudice suffered
Can the victim of an IP infringement who claims compensation for his material damage also claim compensation for the moral prejudice suffered? This morning, by issuing its decision in Liffers , C-99/15, the Court of Justice of the European Union (CJEU) responded in the affirmative to this question. As IPKat readers may remember, the CJEU conclusion is in line with the Opinion of Advocate General Wathelet [ here ] in the same case. Background This reference for a preliminary ruling from the Spanish Supreme Court concerned the correct interpretation of Article 13(1) of the Enforcement Directive . This provision mandates upon Member States to "ensure that the competent judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the rightholder damages appropriate to the actual prejudice s...