Court of Justice of the EU decides that compensation for IPR infringement includes moral prejudice

The Court of Justice of the European Union (CJEU) was asked, in Case C 99/15, to decide whether the victim of an infringement to Intellectual Property could claim compensation not only for the material damage suffered but also for the moral prejudice.
 
On 17 March 2016, the Court answered that the provisions of the EU Directive 2004/48 on the Enforcement of IP rights must be interpreted as permitting the victim of an infringement to be compensated not only for the material damage but also for the moral prejudice suffered. According to the Court, “setting the amount of damages due as a lump sum on the basis of hypothetical royalties alone covers only the material damage suffered by the intellectual property rightholder concerned; consequently, for the purposes of providing compensation in full, that rightholder must be able to seek, in addition to the damages thus calculated, compensation for any moral prejudice which he has suffered.”
 
Find the full judgement here.