Die Schadensersatzberechnung im Immaterialgüterrecht

This work deals with the substantive and procedural requirements for the calculation of damages in cases of infringement of intellectual property rights. Based on calculation methods which have been recognised in German jurisprudence for more than 100 years and are now codified, it analyses their current application and their compatibility with the European legal requirements of the 2004 Enforcement Directive. The study proceeds by addressing questions of procedural law. After determining the subject matter of each dispute, it discusses individual effects on the compensation process. In particular, it focuses on the objective limits of material legal force and the scope of judicial damage assessment in accordance with § 287 of the Code of Civil Procedure. The author is a research assistant at the Department of Procedural Law and Civil Law at Ruhr University in Bochum, and a trainee lawyer in the jurisdictional district of the Higher Regional Court of Hamm.