How are damages calculated if they cannot be readily ascertained?
If actual damages cannot be easily determined with certainty, the court may award a reasonable royalty. This serves as a fair substitute for the financial loss suffered by the patent owner. The goal is to ensure the owner is compensated even without precise data. This alternative damage calculation is allowed by Section 76 Intellectual Property Code of the Philippines. “76.3. If the damages are inadequate or cannot be readily ascertained with reasonable certainty, the court may award by way of damages a sum equivalent to reasonable royalty.” January 3, 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/.
