Article 18(2) of Commission Regulation (EC) No 1768/95 in conflict with article 94(2) Community Plant Variety Rights Regulation
29-12-2023 Print this pageIPPT20230316, CJEU, MS v STV
Damage compensation for intentional or negligent infringement of plant variety rights (Article 94(2) Regulation 2100/94) should reflect actual damages and cannot be set at a lump sum of 4x the average amount of the licence fee.
Article 18(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 is invalid.
