What factors does a court consider when awarding statutory damages?
When determining the amount, the court evaluates the nature and purpose of the infringing act. It also considers the flagrancy of the infringement and whether the defendant acted in bad faith. Additionally, the court weighs the need for deterrence and any loss suffered by the plaintiff. These criteria are listed in Section 216.1 Intellectual Property Code of the Philippines. “In awarding statutory damages, the court may consider the following factors: (1) The nature and purpose of the infringing act; (2) The flagrancy of the infringement; (3) Whether the defendant acted in bad faith; (4) The need for deterrence; (5) Any loss that the plaintiff has suffered… (6) Any benefit… to the defendant…” 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/.
