Legal underpinnings of patent damage calculations in Germany

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Dietrich Kamlah will present an analysis of damages for patent infringement in Germany, bringing his extensive background to the topic. Evaluating the focus of the international discussion about IP enforcement in German IP cases regarding "automatic" injuction, the relationship to damages awarded by German courts is the topic of the debate. Despite established case law under which substantial amounts have been awarded in the past, damage calculation remains a scondary point of attention. This debate touches on whether the German approach is in line with European law, such as the Enforcement Directive (IPRED). Finally, it addresses a more recent concern on whether damage awards under the UPC may be more attractive compared to awards by German courts. 

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