Naknada nematerijalne štete zbog povrede žiga privrednog društva, a u vezi sa povredom poslovnog ugleda

Compensation for non-material damage in the case of trademark infringement, particularly in the context of harm to business reputation, is an important yet unjustly overlooked topic in the light of technological and economic progress. Trademark, as a part of industrial property law, provides protection for marks associated with specific goods and services, which can be subject to infringement, resulting not only in property damage, but also non- material damage. Such harm can negatively affect the business reputation of a legal entity operating in the market, leading to a tarnished reputation and, consequently, long-term negative economic effects. Our Law on contracts and torts does not offer significant avenues for protecting business entities in cases of non-material damage compensation. Therefore, the aim of this paper is primarily to introduce relevant concepts, explain non-material damage in the context of obligation law, and attempt to identify solutions and legal mechanisms that could provide protection in such situations.