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In matters of industrial property rights, the owner of an exclusive right who complains of its infringement has the right to demand, instead of compensation for loss of profit, the restitution (so-called “retroversion”) of the profits accrued by the infringer, with a specific demand made pursuant to Art. 125 Industrial Property Code (IPC), without it being necessary to specifically allege and prove that the injured party suffered a loss of profit equal to the profits made by the infringer.
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In matters of industrial property rights, the owner of an exclusive right who complains of its infringement has the right to demand, instead of compensation for loss of profit, the restitution (so-called “retroversion”) of the profits accrued by the infringer, with a specific demand pursuant to Art. 125 IPC, without it being necessary to specifically allege and prove that the infringer acted with fault or intention.
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Translated from the Italian by Marco Bellia. Official wording of the Court.
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Providus S.r.l. v. Guilbert Express S.a. et al. Italian Industrial Property Code, Art. 125. “Providus”. IIC 53, 1103–1113 (2022). https://doi.org/10.1007/s40319-022-01230-6
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DOI: https://doi.org/10.1007/s40319-022-01230-6