Cortade, Thomas; LANGLAIS, Eric; Chopard, Bertrand - EconomiX, Université Paris Ouest-Nanterre la Défense … - 2013
This paper provides an analysis of two damage rules (Lost Pro
fit versus Unjust Enrichment) introduced in the French … rule, and compare their properties. We show that: 1/ the Unjust Enrichment rule provides Patentees with higher damages … less trials than Unjust Enrichment; 3/ Unjust Enrichment may deter the Patentee to enforce his right; 4/ when there is a …