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Court of Appeal of Sofia outlines criteria to be considered when determining amount of damages incurred

Submitted by jboyd on Mon, 05/18/2015 - 09:47

In a recent Bulgarian case, published on 11 March 2015, the Court of Appeal of Sofia was asked to determine the amount of damages payable when there was insufficient evidence regarding the total amount of damages incurred on the basis of a copyright infringement (in this case: through the publication of two photographs in two issues of a daily newspaper). In accordance with the equity principle, the court ruled that the type, nature and gravity of the infringement, the lost profit, any moral damages and the revenue based on the infringement should all be considered in order to determine the amount due.

A brief summary of this decision is available here.