Mag. Laura Schobesberger

Study of law at the University Vienna (Mag. iur. 2014).

Practical training in the courts BG Linz, BG Traun and LG Linz 2014-2015.

Attorney candidate since 2015.

Attorney at law since August 2019.

Mag. Laura Schobesberger

Calculation of Infringement Profit in Intellectual Property Law

Anyone who’s registered design is violated, is entitled to surrender the profit. The calculate of this profit requires the calculation of the "net profit" (total profit minus costs for purchase, customs, transport, discounts etc.). Only the part of this profit, which is based on the use of the foreign property right, is to be surrendered. It is relevant to which extent the buyer's decision to purchase is due to the fact that the registered design was used. That part of the profit which results from other causes (such as the quality of the goods or the intensity of the advertising of the infringer) must remain with the infringer.