How are actual damages and profits calculated in infringement cases?
The copyright owner is entitled to recover actual damages plus any profits the infringer earned from the unauthorized use. To prove profits, the plaintiff only needs to show evidence of the infringer’s sales. The burden then shifts to the defendant to prove every element of cost they claim as a deduction. This process is detailed in Section 216.1 Intellectual Property Code of the Philippines. “(b) To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims…” January 8, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
