On a functional analysis of the non-contractual liability system of intellectual and industrial property laws

Abstract

With the aim of contributing to the strengthening of the protection of intellectual and industrial property rights, this paper proposes a functional analysis of certain categories related to the non-contractual civil liability system contained in the laws in charge of regulating such rights. It seeks to propose a different understanding from the traditional one in matters such as proof of damages, the idea of fault and the compatibility between compensation and restitution, in order to provide the legal system with better weapons against the violations suffered by the holders of rights related to creativity.