Compensare, dissuadere, punire: a proposito del risarcimento del danno da violazione della proprietà intellettuale

A recent judgement of the Tribunal of Rome assessed compensatory damages for pecuniary losses due to a copyright infringement by increasing them by half in comparison with the 'price of consent'. The judgement provides an opportunity to develop a critical reflection on the role of damages: compensation but also deterrence and punishment, which are to some extent inherent in a purely compensatory judgement. However, in order to ensure that the amount of damages does not diverge from the actual loss suffered because it is considered insufficiently 'deterrent' or 'punitive', a legal provision is needed to ensure the necessary predictability of the sanction.