The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

Damages may be claimed before civil courts for all types of copyright violation. Registration of works is not necessary, except for local authors, whose rights may be suspended until registration takes place.

It is also possible to file civil action to prevent further copyright violation and to obtain preliminary remedies, such as injunction, in the course of civil procedures.

Criminal remedies, particularly fines, are possible but are not frequently applied.

The court may grant relief for an infringement of copyright by way of injunction, damages or – alternatively to damages – an account of profits. Criminal penalties are also available.

In cases of innocent infringement, where the defendant was unaware or had no grounds for suspecting that their act constituted infringement, damages are unavailable. However, in these circumstances, copyright holders may be entitled to an account of profits for revenue from the infringing works.

The court has discretion to award additional damages. In doing so, the court must consider, among other factors, the flagrancy of the infringement, the need to deter similar infringements, the conduct of the defendant, whether the infringement involved conversion of a work and the benefits that accrued to the defendant by virtue of the defendant's infringement.

Civil remedies for copyright infringement include:

• Cessation of infringement (preliminary or permanent injunction)
• Claim for elimination of the circumstances constituting the infringement, including the destruction of infringing copies
• Rendering of accounts
• Publication of judgment
• Monetary relief (adequate consideration, damages and handover of profits)

Criminal remedies may include:

• Monetary fine
• Imprisonment

Preventing import of infringing goods and cooperation of customs officers may also be invoked.

Rights holders are entitled to remedies under Title 9 (“Civil aspects of the protection of intellectual property rights”) and Title 10 (“Aspects of procedural law of the protection of intellectual property rights”) of Book XI (“Intellectual Property and Trade Secrets”) CEL as well as under Book XVII (“Specific legal procedures”) CEL. Reference should also be made to the saisie-contrefaçon procedure, provided in Section 1369bis of the Judicial Code, which allows a rights holder to enter, after authorization by the court’s president and without prior warning, the premises of an alleged infringer or an intermediary 3rd party in order to find evidence of and more information regarding infringements.

When implementing the DSM Directive, the Belgian legislator also introduced a new procedure in book XVII CEL, being (ex parte) summary proceedings against large-scale online copyright infringement. These provisions have, however, not yet entered into force: a date of entry into force still has to be set by Royal Decree. As soon as there is a prima facie valid copyright, neighboring right or database right, and the online infringement is prima facie obvious and substantial, after balancing the interests, the president of the Brussels Enterprise court can order any measure that may contribute to the cessation of the infringing acts, not only against the primary infringers but also against intermediaries.

Further, monetary relief can be sought with the damages as a lump sum. In case of a bad-faith infringement, monetary relief may also include a claim of unfair profits made, including accountability.

Finally, a number of supplementary, injunctive sanctions may be sought, such as:

• A recall or definitive removal from the channels of commerce or destruction of the infringing goods and in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods,

• The right of information, which orders the infringer to share precise information on the origin of the infringing goods or services, the distribution channels and the identity of any 3rd parties involved in the infringement,

• The dissemination of the decision, including the displaying and publishing of the decision in full or in part.

The European principle of exhaustion (similar to the first sale doctrine) applies to copyright protected material, which implies that if a specimen (ie, a particular physical copy) of the copyrighted work has been brought into circulation by means of transfer of ownership for the 1st time by (or with the consent of) the rights holder within the Community, then the further distribution of that same specimen in any other way, with the exception of hiring and letting, shall not be considered as an infringement of the copyright. The exhaustion rule is reserved for the distribution of tangible objects and not for digital works (such as, for example, e-books).

In Belgium, the losing party is in principle condemned to pay the procedural costs, consisting mainly of the procedural cost indemnity (rechtsplegingsvergoeding or indemnité de procédure), the registration fees and the citation fees. The procedural cost indemnity system is set out in Article 1022 of the Judicial Code and based on a scale of lump sums intended to cover (part of) the winning party’s lawyers’ fees. The recoverable amounts vary between minimum and maximum amounts that are determined in function of the financial importance of the claims in the procedure. In an injunctive relief proceeding, in which no monetary relief is claimed and where the claim is thus qualified as a "not monetarily quantifiable" claim, a specific scale applies with (applicable at date of writing this Guide) a standard amount of EUR1,800 which, upon request and depending on the circumstances, can be reduced (to a minimum of EUR112.50) or increased (up to a maximum amount of EUR15,000).

Criminal remedies for copyright infringement include imprisonment and a monetary fine.

Civil remedies for copyright infringement include the seizure of infringing goods, suspension of their promotion and sale, daily penalty for continuing infringements, destruction of infringing goods and damages (including moral damages).

Registration is not required to seek and enforce remedies.

An owner may seek civil remedies, including an injunction, seizure of goods, delivery up, an accounting of profits or general damages.

General damages may be awarded for lost sales, reasonable royalties or intangible losses. Punitive damages may be available where the infringement is particularly egregious or appalling.

Statutory damages can also be sought, ranging from CAD500 per work to CAD20,000 per work for infringement for commercial gain, and CAD100 per work to CAD5,000 per work for infringement for non-commercial purposes.

It is possible to seek an order preventing the importation of goods that are infringing. Criminal penalties are also available.

The rights of licensees to enforce copyright rights are potentially limited under the Canadian statute.

Copyright infringements can be enforced through criminal or civil actions.

In this regard, the author is entitled to request injunctive reliefs as well as claim damages, the cessation of the infringing activities, and the publication of an abstract of the judgment, at the expense of the infringer, by means of an announcement in a newspaper of the author’s choice with commercial circulation in the corresponding region. In addition, the plaintiff may request the imposition of a unique sum of up to UTM2,000 (roughly USD150,000) per infringement, which is commonly known as statutory damages.

The law also provides for criminal penalties in some cases that may amount from UTM5 to UTM1,000 (roughly USD350 to USD70,000), depending on the type of infringement, or prison sentences of 1 to 540 days. In the case of repeated offenses, a maximum fine of UTM2,000 (approximately USD140,000) may be imposed.

It is also possible to request the intervention of customs controls before the court governing the territory in which it is expected infringing goods will enter Chilean borders. Customs can also examine goods ex-officio when from a simple examination of the goods it is evident that they are infringing copyright.

When a copyright or its related rights are infringed, the rights owner can either file a complaint with copyright administrative authorities or bring a lawsuit to the People's Court.

The infringer shall, according to the circumstances of the case, undertake to cease the infringement, take remedial action, offer an apology or pay damages. Where the infringers' conduct also prejudices the public interest, the infringer may be ordered by the copyright administrative authority to cease the infringement, and the authority may confiscate the illegal proceeds, confiscate and destroy the infringing reproductions and impose a fine on the infringer. Where the circumstances are serious, the copyright administrative authority may also confiscate the main materials, tools and equipment used in the manufacture of the infringing reproductions. Where the circumstances constitute a criminal offense, criminal liability shall be imposed in accordance with the law.

The infringer shall pay damages based on the actual loss of the right holder. Where the actual loss is difficult to calculate, the damages paid may be based on the amount of the illegal proceeds. The amount of damages shall also include the reasonable expenses incurred by the right holder in stopping the infringement. If neither the actual loss of the right holder nor the illegal proceeds earned by the infringer can be determined, then statutory damages of up to CNY5 million (around USD700,000) shall be awarded, according to the circumstances of the case. Where there is evidence of bad faith on the infringer's part or other "serious circumstances" (eg, there is an extensive duration and scale of infringement) exist, such damages can be increased by up to 5 times for punitive purposes.

Copyrights are protected under Colombian law by a Colombian judge in the event of a violation. Nevertheless, the Colombian court of last instance, namely judges or courts against whose decisions there is no judicial remedy under national law, shall request the Andean Court of Justice of the CAN to provide an opinion on the case, which shall be applied and considered by the Colombian judge in their decision.

Moreover, Article 56 of the Decision 351 states that the judge may order the following precautionary measures:

• Immediate termination of the unlawful activities.
• The attachment, sequestration, confiscation, or preventive seizure, as appropriate, of the copies produced in violation of any of the rights recognized by this decision or
• The attachment, seizure, confiscation or sequestration of the apparatus or materials used for the commission of the unlawful act.

Additionally, within the judgment, the judge may decide and order:

• Payment to the owner of the infringed rights of adequate compensation or indemnification for damages sustained as a result of the infringement.
• That the offender shall bear the cost of the proceedings that he has caused the owner of the infringed right to institute.
• The permanent removal from distribution channels of the copies constituting the infringement of rights or
• Criminal sanctions equivalent to those applicable to offenses of comparable gravity.

Finally, copyrights are also protected by criminal law. Therefore, infringements may be investigated by the general prosecutor and penalized by the criminal courts with fines and prison sentences as explained below:

• For the infringement of moral rights, a judge may impose fines and prison sentences between 32 and 90 months and a fine of up to 300 minimum monthly wages (approximately USD75,897.63)
• For the infringement of economic rights, a judge might impose fines and prison sentences between 4 and 8 years and a fine of up to 1,000 minimum monthly wages (approximately USD253,004.33)

Note: Colombia's judicial branch is divided into the following jurisdictions: the ordinary jurisdiction (jurisdicción ordinaria), administrative jurisdiction (jurisdicción de lo contencioso administrativo), constitutional jurisdiction (jurisdicción constitucional) and other special jurisdictions. The ordinary jurisdiction rules on matters related to civil, labor, criminal, and agrarian law.  IP matters are solved by ordinary courts and judges.

Copyright registration is not required in order to claim damages for infringement. It is possible to seek preventing importation of infringing.

Injunctive relief is also a possible remedy.

Criminal penalties are possible.

Remedies for copyright infringement include equitable and reasonable compensation for use, as well as compensation for losses and further injuries caused by negligent or willful infringement.

It is possible to obtain a court order for destruction of infringing products. An optional initial step is to obtain a preliminary court order for the confiscation of infringing products and equipment used in the manufacture thereof Criminal penalties are possible.

Compensation for copyright infringement includes a reasonable, non-punitive compensation for the use of the copyright, typically calculated on the basis of what an applicable license would have cost. In case of negligence, compensation for other damages may also be awarded. Reasonable legal costs may also be demanded from the infringing party.

Injunction may be granted by a court in infringement cases, as well as destruction of infringing goods. Criminal penalties such as fines and imprisonment are possible.

The Finnish Copyright Council gives legally non-binding statements on copyright issues upon request. The council opinions are free of charge and available to both companies and individuals.

The author is entitled to enforce copyright.

Copyright infringement actions may be brought before specialized courts, usually after having gathered evidence via an infringement seizure (saisie-contrefaçon), by way of an action on the merits and a summary action, in order to obtain an interlocutory injunction.

An injunction against the further manufacture, import, offer, sale, use or storage of the work can be ordered with immediate enforceability and impose penalties.

In determining the amount of damages to be awarded (compensatory – not punitive), French courts take into account distinctively:

• The negative or detrimental economic consequences of infringement, including lost gains and losses suffered by the rights holder
• The moral harm suffered by the rights holder and
• The profits earned by the infringer, including intellectual, tangible and promotional investments saved or not incurred by the infringer.

However, as an alternative and by request of the author, the court may set the damages as a lump sum. The lump sum must be greater than the royalties or rights that would have been owed if the infringer had asked for the authorization to exercise the right that has been violated. This amount is not exclusive of compensation for moral harm caused to the author.

Remedies also include, notably, the recall, destruction or confiscation of the infringing products and the publication of the judgment.

Legal costs and attorneys' fees may be recovered at the discretion of the judge.

Before the criminal courts, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).

As against any person who infringes a copyright or any other right protected by the Copyright Act, the injured party may seek to enjoin the infringement. The injured party is also entitled to demand destruction, recall or handover of the illegally prepared or distributed reproductions.

If the infringement was intentional or the result of negligence, compensation can be claimed. The compensation might include the profit realized as a result of the infringement or the lost profit of the copyright owner. The compensation may also be calculated on the basis of the remuneration that the injured party would have received if the infringing party had been granted the necessary exploitation right. In order to calculate damages, the rights holder can ask for rendering of accounts.

If the infringement was neither intentional nor a result of negligence, the infringing party has the right to provide pecuniary compensation for the injured party instead of fulfilling the other claims the injured party has (ie, claim to cease the infringement, claim to destruction, recall or handover), provided that fulfilling such claims would cause disproportionate damage to the infringing party. The amount of compensation should be an amount that would be reasonable if the use of the copyright was granted to the infringing party by contract. Statutory costs for legal prosecution (ie, court costs and attorney fees) are recoverable up to a cap established by German law.

Statutory costs for legal prosecution (ie, court costs and attorney fees) are recoverable up to a cap established by German law

Available civil remedies include damages (covering both economic loss and non-economic loss), an order for delivery up, an account of profits and injunctive relief. The court may award additional damages to copyright owners after considering all circumstances of the case including: (i) the flagrancy of the infringement, (ii) any benefit accruing to the defendant by reason of the infringement; (iii) the completeness, accuracy and reliability of the defendant’s business accounts and records; (iv) any unreasonable conduct of the defendant after the act constituting the infringement occurred; and (v) the likelihood of widespread circulation of infringing copies as a result of the infringement.

Relief for groundless threats of infringement in relation to parallel-imported copies of works is available. Relief may be in the form of a declaration that the threats are unjustifiable, an injunction against the continuance of the threats or damages for any loss that has been sustained by the threats.

Criminal sanctions including fines and imprisonment are possible.

No prior registration required whatsoever for recourse to remedies in the event of copyright infringement.

The Copyright Act contains specific remedies. The following can be requested from the court: establishing the infringement, claim for cease and desist, amendment declaration, providing information on the infringement, termination of the injurious situation and restoration of the situation preceding the infringement and, among others, confiscating or destroying the products affected by the infringement as well as the tools and materials used for the infringement.

In regard to financial remedies, compensation for damages according to the civil law and restitution of the economic gains achieved through the infringement can be requested. According to the actual court practice, the minimum of the economic gains achieved with the infringement is the amount of the unpaid royalty.

Attorneys' fees of the copyright holder in a copyright infringement suit are recoverable, although the court has the power to reduce such fees.

It is also possible to prevent importation and distribution of goods that are infringing.

Injunctive relief is also a possible remedy that can be requested before initiating a lawsuit. Ex parte injunctive relief can also be requested.

Criminal penalties are available.

The owner of a copyright is entitled to civil as well as criminal remedies for infringement. Civil remedies consist of injunction, civil damages or account of profits. Statutory damages are not available under the Copyright Act.

Criminal penalties range from imprisonment for a term of 6 months to 3 years as well as fines between INR50,000 and INR200,000. The Copyright Act also provides for enhanced penalties in case of second or subsequent convictions. It states that a person convicted of an offense for the second time, or for every subsequent time, faces imprisonment for a term not less than 1 year, extendable to 3 years, and a fine of not less than INR100,000, extendable up to INR200,000.

Compensation, injunction or a combination of the 2 may be ordered by the Commercial Court as remedies for infringement. Criminal sanctions are in the form of imprisonment and/or fine may also apply for criminal acts of the Copyright Law.

The primary remedies available to a copyright holder in relation to infringement are:

• Injunctive relief
• Damages
• An account of profits and/or
• Delivery up of the infringing material, seizure and destruction

In some circumstances, criminal penalties such as fines and imprisonment may be imposed  for copyright infringement. Additionally, a copyright holder has rights to inform customs authorities of infringement thereby putting them on notice of counterfeit goods with a view to preventing importation of infringing materials.

An infringement of copyright or a violation of moral rights is a tort and the provisions of the Civil Wrongs Ordinance [New Version] apply to it, mutatis mutandis, and is subject to the provisions of the Copyright Act. In principle, in actions regarding such rights, remedies under the law of torts apply. Remedies include injunctions, monetary awards, statutory damages and the seizure and disposal of infringing materials.

With respect to monetary awards, 2 main routes are available:

• Actual damages and recovery of profits gained by the infringer.
• Statutory damages; at the claimant's request, the court may award damages without proof of injury for each infringement in an amount not to exceed ILS100,000 (approximately USD27,500). 

In a copyright infringement action, the claimant is presumptively entitled to injunctive relief, unless the court finds grounds that justify not ordering such relief.

The remedy of declaratory judgment is available. Under the statutory provision, courts have an independent and unlimited discretion in granting declaratory relief.

Any person with reason to fear for the infringement of rights belonging to them under the Italian Copyright Law, or who seeks to prevent the continuation or repetition of an infringement which has already occurred, may commence legal proceedings to ensure that their right is recognized and the infringement is put to an end. In such circumstances, the right holder will be entitled to remedies, including injunction and damages.

A popular means of protection is the so-called "search order," which allows the copyright owner to collect evidence of the infringement through an access to the premises of the infringer (or any other place where the evidence may be found) at the presence of a bailiff and, where necessary, of an expert appointed by the court. In order to stop the infringement, the court may also order the seizure of the works or the products and of all matters constituting an infringement of the copyright.

Criminal sanctions may also apply under certain circumstances.

No registration is required to seek remedies for infringement.

Monetary damages can be compensated. There are certain statutory presumptions to calculate damages but punitive damages are not available under Japanese law.

Injunctive relief, including seeking/preventing importation of infringing goods, is available as a remedy.

For moral rights, measures to correct and restore the honor and reputation of the author or performer are available (eg, publishing an apology in a newspaper).

Each joint owner can seek a remedy without the other owner's consent.

Criminal penalties are possible for infringement of copyright.

Given the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, right holders are entitled to similar remedies under most intellectual property laws in the European Union, which differ only slightly and which warrant both (interim and final) injunctive and monetary relief.

The possible civil and criminal remedies for copyright infringement are set out under Sections 8 and 9 of the Copyright Act.

Civil remedies are inter alia:

• Cessation of infringement
• Damages
• Publication and posting of judgment
• Daily monetary fine (articles 2059-2066 of the Luxembourg Civil Code)

Reference should also be made to the saisie-contrefaçon procedure (Section 8 of the Copyright Act), which allows a rights holder to enter, without prior warning but after authorization by the judge, the premises of an alleged infringer or an intermediary 3rd party in order to find evidence of and more information regarding infringements.

Criminal remedies are:

• Criminal fine
• Confiscation or destruction of infringing goods or goods that directly served the purpose of committing the infringements at hand
• In case of a bad-faith or fraudulent infringement, the sanction may include imprisonment
• Heavier sanctions in case of repeated infringement:
  • Possible combination of imprisonment and monetary fine
  • Permanent or temporary closure of the establishment ran by the condemned party for a maximum period of 5 years
  • Publication and posting of the judgment

Infringement of copyright may lead to payment of damages and losses, which shall be determined by the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial or IMPI), based on actual damage and/or loss.

Criminal penalties may be imposed.

Copyright holders are entitled to injunctive and monetary relief that conform with the Directive 2004/48/EC of the European Parliament and of the Council of April 29, 2004 on the enforcement of intellectual property rights.

Monetary relief entails the possibility to claim damages as a lump sum or a payment of infringement profits made. A number of supplementary, injunctive measures are available, such as:

• A recall, removal from the channels of commerce or destruction of the infringing goods and in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods

• The right of information, ordering that the infringer discloses of information about the origin of the infringing goods or services, the distribution channels and the identity of any 3rd parties involved in the infringement

• The publication of the decision, in full or in part

A European rule of exhaustion applies, which means that, if a specimen (ie, particular copy) of literary, scientific or artistic work has been brought into circulation by means of transfer of ownership for the first time with the consent of the author or their assignees within the community, then the bringing of that specimen (ie, particular copy) into circulation in any other way, with the exception of hiring and letting, shall not be considered as an infringement of the copyright.

According to Article 1019h of the Dutch Code of Civil Procedure, generally the losing party is obliged to pay the legal costs of the winning party. However, the judge has the authority to decide that these costs will be partly compensated by the winning party. In practice, the legal fees are calculated based on fixed statutory fees that vary depending on the complexity of the case.

Neighbouring Right Acts

Neighbouring rights are similar to copyright, and protect the intellectual property rights of performers (eg singers, actors, dancers), producers of phonograms (eg record labels), publishers, broadcasting organizations or producers of films. Copyrights and neighbouring rights often overlap. Similar to copyrights, neighbouring rights arise automatically and can be assigned and transferred by a written deed. Depending on the type of neighbouring right, they expire after 50 or 70 years after the first performance of publication.

Neighbouring rights are governed by the Neighbouring Rights Act of 1993.

The copyright owner (or, in some circumstances, licensee) may bring proceedings in court for infringement of copyright and the relief available includes damages, injunctions and/or an account of profits. In certain situations criminal proceedings may be brought for copyright infringement. In addition, infringement of moral rights are actionable by the person entitled to the right and relief by way of damages and injunction is available.

In proceedings where it is proven that the defendant did not know and had no reason to believe that copyright existed in the work, damages will not be available.

The court may, due to the flagrancy of the infringement and any benefit accruing to the defendant due to the infringement, award additional damages.

The owner of copyright whose rights have been infringed may apply to court to claim the following statutory reliefs: damages, injunction, recovery of all infringing copies of the work and other remedies as the court may deem fit. The court with jurisdiction to hear all claims involving copyright infringement is the Federal High Court.

Remedies for copyright infringement include equitable and reasonable compensation for use as well as compensation for losses and further injuries caused by negligent or willful infringement.

It is possible to obtain a court order for destruction of infringing products. An optional initial step is to obtain a preliminary court order for the confiscation of infringing products and equipment used in the manufacture thereof.

Criminal penalties are possible.

Collective management

The new law on collective management contains provisions for the collective management of intellectual property rights by rights organizations. It governs requirements for the management of such organizations, handling of and distribution of remuneration to the members, transparency and member participation. The law is intended to facilitate distribution of copyright protected and there are specific rules applicable for cross border distribution of music rights.

The National Copyright Office may impose sanctions for copyright infringement. Copyright infringement fines of up to USD190,000 may be imposed.

Infringement of copyright may lead to payment of damages and losses, which shall be determined by a court of law.

Criminal penalties may be imposed and are regulated by the national Criminal Law.

Any person found to have committed copyright infringement may be made liable to pay actual damages. Actual damages include legal costs and other expenses incurred by the owner due to the infringement, as well as profits that the infringer may have made. In lieu of actual damages, the law authorizes the court to assess such damages as shall appear to be just. The amount awarded may be doubled against an infringer who circumvents affective technological measures or had reasonable grounds to know it would induce, enable, facilitate or conceal the infringement or remove or alter any electronic rights management information from a copy of a work.

Among the amendments introduced under Rep. Act No. 10372 is the option on the part of the copyright owner to elect an award of statutory damage, in lieu of actual damages. The copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in an action in a sum equivalent to the filing fee of the infringement action, but no less than PHP50,000. 

In an infringement action, the court also has the power to order the seizure and impounding of any article which may serve as evidence in the proceedings, in accordance with the rules on search and seizure involving violations of intellectual property rights issued by the Supreme Court.

The remedies available to a copyright holder whose copyrights have been infringed include the right to seek:

• The cessation of the infringement
• The removal of the effects of the infringement

• Compensation for damage incurred – on the basis of the general provisions of Polish law or by the payment of a lump sum equal to 2 times the value of the license fee

• The return of any benefits gained

Regardless of the above, the copyright holder may also request that the infringer make a single or multiple statements in the media or that the ruling be published in a manner ordered by the court.

Additionally, at the request of the copyright holder, the court may decide on the future of the infringing goods and the tools and materials used for their manufacturing. In particular, it may order that they be withdrawn from the market, that they be given to the copyright holder or that they be destroyed.

The injured party is not obliged to send a cease and desist letter to the infringer before the initiation of a court dispute. However, before the initiation of infringement proceedings, a copyright holder may file a request for a preliminary injunction. Since  July 1, 2023, the courts are required to hear the infringer’s arguments before granting an interim injunction, therefore it has become more difficult to take the infringer by surprise. In addition, it will not be possible to obtain an interim injunction after 6 months from the date when the rightsholder becomes aware of the alleged infringement of the intellectual property right in question. A preliminary injunction provides the opportunity to secure the situation of the copyright holder for the entire duration of the civil proceedings since the infringer may be prevented from offering and marketing the infringing goods and they would be seized and held until the civil proceedings conclude with a final judgment.

The copyright holder may file a request for information (also before the main proceedings when infringement is highly probable) required to pursue claims against the infringer.

Violation of copyrights may also result in criminal sanctions, eg, the distribution of a 3rd person's work in its original version or as a derivative work, a performance, a phonogram or a broadcast or the fixing or reproducing of such a work for the purpose of distribution, may be subject to a fine, a restriction of liberty or imprisonment of up to 2 years.

If a copyright infringement is intentional or negligent, the agent shall be obliged to compensate the injured party for damages resulting from the infringement.

The determination of the amount of the compensation will take into consideration the profit realized by the infringer as a result of the infringement, the loss of profit and financial loss suffered by the injured party, as well as the costs borne by the injured party related to the protection of copyright rights and the costs of the investigation termination of the infringement.

The amount of the compensation shall also take in consideration the personal injury caused by the conduct of the infringer, the circumstances of the infringement, the seriousness of the offense and the degree of the illicit disclosing of the work.

Criminal penalties are also possible for infringement of copyright and may be punished with imprisonment for up to 3 years or a fine.

Copyright registration is not required to claim damages for infringement.

Actual damages may consist of actual monetary loss suffered by the copyright owner and profits gained by the infringer. In establishing the damages, the court considers criteria such as negative economic consequences, particularly non-earned benefits, benefits earned unlawfully by the offender or other elements, such as moral damages caused to the copyright holder. If these criteria may not be applied, the court may grant damages representing triple the amount that would have been lawfully owed for a similar lawful utilization.

Attorneys' fees of the copyright holder in a copyright infringement suit are available even if the work is not registered. Injunctive relief is also a possible remedy, including the ability to enjoin importation of infringing goods.

Copyright infringement may be considered a criminal offense in certain conditions and punishable with criminal penalties or imprisonment.

The copyright owner or exclusive licensee is entitled to the following primary remedies:

• Demand to stop infringement
• Demand to redress damages in full
• As an alternative to claiming damages, to demand monetary compensation in the amount from RUB10,000 to RUB5 million, or in double the amount of the cost of originals of the work or imputed license fee and
• Demand seizure of media bearing infringing objects.

A wronged party can seek damages or compensation for infringement of its rights and damage suffered. In addition, the Copyright Law stipulates certain penalties for infringement, including:

1. A warning to the offender
2. A fine not exceeding SAR250,000
3. Naming and shaming of the violator (at the violator’s expense) by a method deemed appropriate by the competent committee, which is formed by decision of the Minister of Culture and Information to review violations
4. An injunction against the printing, production, publication or distribution of the work infringed upon, in addition to impounding of related copies and materials, and any temporary measure the competent committee finds necessary to protect the copyright works until a final decision is reached regarding the complaint or offense
5. A temporary shutdown of the offending establishment for a maximum of 2 months
6. A suspension from participating in specific commercial events (if the infringement was discovered during any such commercial events) for a period of up to 2 years
7. Confiscation of violating goods or copies of the work and the materials used or intended for use in copyright infringement and
8. A jail term of up to 6 months.

It is notable that repeat offenses of infringement may result in doubling of maximum penalties.

Copyright infringement occurs when one of the copyright owner's exclusive rights are violated (i.e., when another party copies, distributes, performs, or displays all or part of a copyright work without the permission of the copyright owner). To establish copyright infringement, a copyright owner must establish ownership of copyright and that the person has copied the whole or substantial part of their work.

Infringement also occurs if a person imports infringing copies for sale or distribution, sells (including distributes for trade or any other purpose to an extent that affects prejudicially the copyright owner) or lets for hire infringing copies or offers infringing copies for sale or hire by way of trade.

The owner of a copyright may bring an action for an infringement of the copyright. The types of remedies available include injunction, a monetary award (eg, damages, an account of profits, statutory damages) or an order for delivery of and disposal of the infringing copies.

Manufacture of infringing copies for sale, sale of infringing copies, possession or importation of infringing copies for trade or any other purpose to such an extent as to affect the owner prejudicially and willful infringement of copyright for the purposes of commercial advantage and/or to an extent that is significant are criminal offences, subject to fines and/or imprisonment. 

The Copyright Act does not specify the amount of damages which the author may claim towards the infringing party. With respect to damages of the author whose rights are unlawfully interfered with or threatened, the Copyright Act only determines that such an author may claim compensation of non-pecuniary damage (including financial compensation), damages and unjust enrichment towards such infringer.

However, pursuant to the Civil Code, in the case of a breach or threat of an intellectual property right which may be the object of a license agreement (such as copyright), the amount of damages shall be at least equal to the remuneration for a license granted at the time of unauthorized interference with the right.

The author may seek the prohibition of the threat to their copyright and the prohibition of the unauthorized interference with their copyright.

In addition, criminal sanctions pursuant to the Criminal Code shall apply.

Remedies available for infringement are:

• Criminal action
• Preliminary injunction
• Permanent injunction
• Damages

Under the CA, infringement of a copyright is punishable by imprisonment of up to 5 years and/or a fine of up to KRW50 million (USD37,000), as determined based on the particulars of each case.

In addition, the CA also provides for imprisonment of up to 3 years or a fine of up to KRW30 million (USD22,000) if:

• A claimant uses the information on an infringer that has been received from an online service provider for purposes other than the intended purpose of pursing a legal action against the infringer.
• A person manufactures or distributes equipment that descrambles or decodes encrypted broadcast signals.
• A person forges copyright labels to be attached to a work (eg, a DVD) or transacts labels beyond the permitted scope.
• A person emits signals to a 3rd party without legitimate authority before the work is broadcast.

In addition, a person who watches, listens to or transmits illegally descrambled broadcast signals or records or publicly transmits a cinematographic work on video tape without receiving proper permission from the copyright holder will also face up to 1 year imprisonment or a fine of up to KRW10 million (USD7,000).

The CA generally provides copyright holders with the ability to claim for damages and the right to demand restoration of reputation, depending on what may be appropriate given the nature of infringement.

The CA introduces a system of statutory damages, which takes into account the difficulty in assessing the amount of actual damages suffered as a result of copyright infringement. Under this system, a copyright holder may now claim up to KRW10 million (USD7,000) in statutory damages (or KRW50 million – or USD37,000 – for intentional copyright infringement for profit) for each copyrighted work.

Another alternative is to seek administrative remedies through the Ministry of Culture, Sports and Tourism, which grants to certain government officials the authority to confiscate and destroy any illegal or unauthorized reproduction of copyrighted works. The officials may also order the infringer to delete any illegal or unauthorized reproduction online.

The owner of a copyright may bring civil and criminal actions against infringers before the corresponding courts.

Civil actions, governed by the Spanish Civil Procedure Law, should be exercised via an ordinary trial. The owner whose rights have been infringed may claim:

• The cessation of the infringing acts
• Damages
• Seizure of the infringing goods
• To be awarded the seized objects or their means of production
• All necessary steps to prevent the continuation of the infringement and
• Publication of the judgment against the infringer.

The Criminal Code also includes measures such as fines or penalties of prison depending on the seriousness of the harm. These measures have been modified and further strengthened, including prison sentences up to 6 years as set out in Articles 270 and 271.

According to the Royal Decree 1/1996 on Intellectual Property, a copyright holder may apply for precautionary measures against the unlawful activity of an infringer and claiming reparation for material and moral damages caused. They may also request the publication or dissemination, in part or in full, of the judicial resolution or arbitration award in the media at the infringer's expense. The copyright holder may likewise apply, on a prior basis, for the ordering of precautionary measures for immediate protection.

Administrative enforcement measures have been introduced over the last years to support right holders.

Remedies for copyright infringement include equitable and reasonable compensation for the use, as well as compensation for losses and further injuries caused by negligent or willful infringement. Costs and reasonable attorneys’ fees can also be recoverable. A limited additional compensation for reputational damage to moral rights is also an available remedy.

It is possible to obtain a court order for the destruction of infringing products and equipment used in the manufacture thereof, as well as to seek to prevent importation of goods that are infringing. In addition, injunctive relief may also be an available remedy, and criminal penalties are a possibility.

Remedies for copyright infringement include declaratory actions, actions for performance, damages, confiscation and destruction.

Actual damages can be monetary loss suffered by the copyright owner or profits gained by the infringer.

Injunctive relief and publication of judgments are also possible remedies.

It is also possible to seek the prevention of importation of infringing goods.

Criminal penalties are also possible.

• Claim for damages
• Request to stop or prevent infringement
• Request for destruction of the infringing articles, or articles used in infringement
• Request for publication of all or part of the court judgment in a newspaper or magazine
• Apply to the Customs authorities for tentatively seizing the imported or exported goods that infringe the copyrights
• Request for restoration of impaired reputation

A copyright owner may seek the following remedies under Ukrainian law in case of infringement of its rights:

• Recognition and restoration of rights
• Restoration of the status that existed before the violation
• Cessation of infringing acts or acts that pose a threat of violation
• Reimbursement of moral or monetary damages
• Recovery of revenue received as a result of the infringement
• Payment of compensation (a lump sum) in an amount at the discretion of the aggrieved party – up to 200 subsistence minimums or in the amount of double (or, in case of intentional violation, triple) the amount of remuneration or commissions that would have been paid if the infringer would have applied for permission to use the disputed copyright object
• Seizure of infringing goods
• Prohibition of import 
• Publication in mass media, at the infringer's expense, of data on copyright infringements and court decisions on such infringements
• Termination and prohibition of publication of physical copies of the copyright or pirated copies of such objects and equipment and materials intended for their manufacture and reproduction.

The court may also impose on the infringer a fine up to 10 percent of the amount awarded in favor of the plaintiff. The fine shall be paid into the state budget.

In addition, under the Criminal Code of Ukraine dated April 5, 2001, criminal penalties for copyright infringements are available.

The court may grant remedies in the event of a successful claim for copyright infringement. These include:

• Orders to gather evidence
• Orders to seize works copies and the means of infringement
• Orders to stop certain acts
• Orders to assess profits made as a result of the infringement

No provision is made under the Copyright Law for the payment of damages. Instead, the rights holder must resort to other laws (such as the Commercial Transactions Law) to claim compensation.

Copyright infringement is also a criminal offense, and on conviction, the court may order the detention of the infringer for no less than two months as well as order him/her to pay a fine of no less than AED 10,000 (approx. USD 2,700). The court may order confiscation and destruction of seized copies and equipment and the publication of the judgment in the newspapers. The court also has the right to close the business that committed the infringement for up to six months.

Principal remedies are injunctions (or interdicts in Scotland), damages or an account of profits, delivery up, seizure or destruction of infringing goods. No statutory damages are available. The starting point for the damages calculation is generally a reasonable license fee. Aggravated damages for flagrancy are possible.

It is also possible to prevent the import and export of infringing copies. Criminal penalties are additionally possible for certain infringements.

Copyright registration is required to claim statutory damages for infringement. Absent registration, only actual damages may be claimed.

Statutory damages range from USD750 to USD30,000 per work, at the discretion of the court. In cases where the plaintiff can prove willful infringement, damages can be as high as USD150,000 per work; conversely, in cases where the defendant can prove the infringement was innocent, the court may reduce the damages award to a sum of not less than USD200 per work.

Actual damages can be actual monetary loss suffered by the copyright owner and profits gained by the infringer.

Attorneys' fees of the copyright holder in a copyright infringement suit are available only if the work is registered. Injunctive relief is also a possible remedy, including the ability to enjoin importation of infringing goods.

Criminal penalties are additionally possible.