7. After section 14(2) (action for infringement) insert—U.K.
“(2A) Where in an action for infringement of a registered trade mark it is shown that the defendant knew, or had reason to believe, that he was committing an infringement, the damages awarded to the claimant shall be appropriate to the actual prejudice he suffered as a result of the infringement.
(2B) The court—
(a)in awarding such damages shall take into account all appropriate aspects, including in particular—
(i)the negative economic consequences, including any lost profits, which the claimant has suffered;
(ii)any unfair profits made by the defendant; and
(iii)elements other than economic factors, including the moral prejudice caused to the claimant by the infringement; or
(b)may where appropriate award such damages on the basis of the royalties or fees which would have been due had the defendant obtained a licence.”.
Commencement Information
I1Sch. para. 7 in force at 11.11.2013, see art. 1