The triple damage calculation for the protection of intellectual property rights

Intellectual and industrial property rights have been notably distinguished by how easily they can be infringed by others, directly correlating with the challenges posed in protecting them. This paper examines one of the most important legal milestones in this regard, whose influence has been noteworthy, permeating not only European Union Law but also, the standards of protection of intangible property rights in Latin America, namely the triple damage calculation method. It is herein argued that an interpretation based on its historical origins can help to explain and apply this unusual method in each Legal System where it has been incorporated.