Newsletter | IP 10 August 2023

On 19 July 2023, the First Section of the Italian Court of Cassazione ruled on the main and cross-appeals filed against two judgments of the Court of Appeal of Turin, providing clarifications on the application of the so-called "account of profits" principle, as well as on the proper calculation of the damages compensation in case of IP rights infringement.

Chiomenti professionals analysed the decision by which the Italian Court of Cassazione restated the principle that the holder of an IP right that complains its infringement is entitled to demand the account of the profits made by the infringer, regardless of whether the infringer acted with wilful misconduct or negligence, and clarified the margin of precision required for calculating the incremental profits realised and causally linked to the infringement, and for determining the incremental costs incurred for the manufacturing and distribution of the infringing products.