What constitutes the “flagrancy of infringement” in statutory damages?
Flagrancy refers to how blatant or obvious the violation of copyright was. The court considers this factor when deciding the amount of statutory damages to award. More flagrant violations usually result in higher damage awards to deter similar conduct. This consideration is part of Section 216.1 Intellectual Property Code of the Philippines. “(2) The flagrancy of the infringement; … In awarding statutory damages, the court may consider the following factors:” 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/.

