ArgentinaPunitive damages: coming soon to IP rights cases?
This is an Insight article, written by a selected partner as part of IAM's co-published content. Read more on Insight
Until recently, punitive damages in civil cases were not regulated by statute. However, many scholars and practitioners argued for the inclusion of this penalty in the civil law system. Until April 2008 the general rule in civil cases was to apply Article 1109 of the Civil Code, which provides that damages are to be awarded according to the damage caused, leading to the award of compensatory damages only. This rule applied to IP rights cases. The Argentine legal system follows the principle of compensation for actual damage; many consider that the award of damages beyond the actual damage caused would constitute unjust enrichment. However, this opinion may have to change due to the entry into force in April 2008 of Law 26,361, which modifies the Consumer Law (Law 24,240).
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