tag:blogger.com,1999:blog-7923005810906159036.post7634752558203381420..comments2024-03-27T12:49:05.975+00:00Comments on IP finance: Quantum of damages for copyright infringement: which jurisdiction?Anne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7923005810906159036.post-41212385123464340902011-07-28T08:00:48.037+01:002011-07-28T08:00:48.037+01:00The answer is in the Rome II Regulation on the Law...The answer is in the Rome II Regulation on the Law Applicable to Non-contractual Obligations.<br /><br />This would apply to a US copyright claim in the UK courts by virtue of Article 3: "Any law specified by this Regulation shall be applied whether or not it is the law of a Member State."<br /><br />The assessment of damages provisions are in Art 15(c) and Recital (32).<br /><br />Art 15(c):<br /> <br />"The law applicable to non-contractual obligations under this Regulation shall govern in particular:<br /> <br />...<br /> <br />(c) the existence, the nature and the assessment of damage or the remedy claimed;"<br /> <br />The consequences of applying US law to assessment of damages as a result of Art 15)(c) can by ameliorated under Recital (32):<br /> <br />"Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and overriding mandatory provisions. In particular, the application of a provision of the law designated by this Regulation which would have the effect of causing noncompensatory exemplary or punitive damages of an excessive nature to be awarded may, depending on the circumstances of the case and the legal order of the Member State of the court seised, be regarded as being contrary to the public policy (ordre public) of the forum."Graham Smithhttp://www.cyberleagle.comnoreply@blogger.comtag:blogger.com,1999:blog-7923005810906159036.post-18840731278870150372011-07-28T07:16:39.287+01:002011-07-28T07:16:39.287+01:00http://www.copyright.gov/title17/92chap5.html#504
...http://www.copyright.gov/title17/92chap5.html#504<br /><br />This may be useful starting point for thinking about quantum in the US.Chris Hayesnoreply@blogger.com