The calculation of damages in criminal intellectual property (IP) cases presents a complex and multilayered challenge across various jurisdictions. One of the most important objectives is to ensure that rights holders, who have a status of victims or injured parties in the criminal case, receive fair compensation for the damages incurred due to criminal acts such as counterfeiting, piracy and other forms of IP crimes.

This report analyses the concept of damages, their purpose and national legislation on civil law claims in the criminal cases. It further delves into different national approaches in handling civil law claim in criminal IP cases. This report also explores the diverse methodologies employed by courts in different EU Member States, highlighting the balance between detailed damage calculations and the practical realities of criminal proceedings.

This document was prepared within the framework of the IPC Project at Eurojust. The IPC Project is funded by the European Union Intellectual Property Office (EUIPO) and implemented by Eurojust under the terms of the service-level agreement signed between the two EU agencies in March 2021.