Determining damages resulting from infringement of intellectual property rights related to brands based on actual damages

Karami, Mohammad; Mirdadashi Kari, Seyed Mehdi; Rostami Far, Ali

doi:10.48308/eclr.2025.236065.1065

Determining damages resulting from infringement of intellectual property rights related to brands based on actual damages

Document Type : Original Article

Authors

Mohammad Karami ¹ ^¶

Seyed Mehdi Mirdadashi Kari ²

Ali Rostami Far ³

¹ PhD. Candidate, Faculty of Humanities, Islamic Azad University: Qom Branch, Qom, Iran

² Associate Professor, Faculty of Humanities, Islamic Azad University: Qom Branch, Qom, Iran

³ Assistant Professor, Faculty of Humanities, Islamic Azad University: Qeshm Branch,

https://doi.org/10.48308/eclr.2025.236065.1065

Abstract

Unseen financial statements from the general public, names and trademarks of many companies of increasing importance. The reason for this is the importance of reputation and trademarks that are introduced to consumers under the title of “brand”. Sometimes the effect of the deduction of rights related to this finance may cause additional damage to the holders of this right. specifically is a brand that can increase value, competitiveness and strategic market position. In this regard, the courts have adopted the previous approach of accepting the most severe type of damages and in the same case, the required form of forced loss of use. In this way, they documented the actual losses in the Gibran system. This type of loss allocation is considered a problem with the aim of compounding the direct financial losses that are incurred as a result of the violation of moral rights. real losses, unlike other forms of forced losses, never had a fixed aspect and were not expected before appointment. The results of this study show that actual losses include any financial losses that are attributed to the losses until the losses are incurred as a direct result of the losses. The aim of this approach is to restore the primary rights to the financial situation before the rights are taken, because in the absence of the rights, the tree can never be settled in those situations.

Keywords

brand impairment

brand value

actual loss

causal relationship

loss reduction

loss allocation

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