Intellectual Property Crime Case-Law of National Courts 2023
12 January 2023
The second instance court indicated that the damages are calculated on the basis of the claimed loss and the link between the actions of the accused. [...] Where the exact amount of the damages cannot be determined, the judge can determine the amount of the damages taking into consideration the information provided by the civil parties and the principle of fairness. [...] - Role of each of the accused in the reproduction and dissemination to the public of copyright-protected works The accused appealed the first instance court decision, claiming that the court did not take into consideration the role of each of the accused. [...] For this reason, the court annulled this part of the decision of the first instance court and divided the liability of each of the accused on the basis of their contribution to a particular website. [...] The prosecution and the three injured parties filed a claim before the High Court of Cassation and Justice, claiming that the accused, as an administrator of the company, was responsible for the overall functioning of the company, including the legality of the computer programs.