| Abstract [eng] |
This master thesis analyses the concept of claiming the benefit received by the infringer as a remedy in civil law, its concept, the conditions for civil liability and the recovery of the infringer's profit. The aim of this process is to restore justice by recovering the wrongful benefit from the infringer. In order to recover these benefits from the infringer, the injured party must prove a direct link between the infringement and the profit made by the infringer, and must prove all the conditions necessary for civil liability to arise. However, establishing the exact amount of the profit linked to the infringement can be difficult, as it requires a detailed financial analysis to determine the potential benefit derived by the infringer. The work also provides analysis of the benefits derived from unlawful conduct and their recovery in intellectual property law, competition law and contract law, as well as the relevant case law in these areas of law. |
