Damages and legal costs under the Enforcement Directive in the light of rulings of the European Court of Justice

Abstract The possibility of compensation for damage caused by an infringement intellectual property rights and claiming the recovery legal costs other expenses incurred in connection with enforcing such is crucial effectiveness their protection. Uniform rules this respect have been introduced Enforcement Directive. (Directive 2004/48/EC European Parliament Council 29.4.2004 on enforcement [2004] OJ L157/45 2004/48).) purpose article to analyse what extent case-law Court Justice date has made it possible give unambiguous answer regarding model implementation Directive 2004/48 which meets requirements proportionality and, at same time, protective measures envisaged rights.