Courts establish that the accounting expert evidence in a claim for damages for copyright only proceeds after the infringement is declared.

September 26, 2025

Recently, a Collegiate Court in Civil Matters upheld a thesis that established that expert accounting evidence is inadmissible in ordinary commercial proceedings when the alleged violation of copyright is claimed, if there is no previous judgment determining that the defendant is entitled to compensation for that concept, as this constitutes the source or condition to be able to quantify the damage through the intervention of experts.

The case that triggered this criterion involved a lawsuit claiming, among other things, compensation for alleged copyright infringement. The plaintiff requested the release of accounting expert evidence to review the defendant’s accounting books and records, in order to calculate the amount of compensation.

In this regard, the Court considered that an accounting expert evidence cannot be used to determine the amount of compensation if there is still no final judgment recognizing the right to receive it, since it is necessary to first prove the copyright infringement according to Article 216 bis of the Federal Copyright Law by means of a final judgment, since according to Article 16 of the Federal Constitution, no one shall be disturbed without prior establishment of the legal basis for the proceedings.

Based on this criterion, it is established that copyright infringement must first be proven and only then can the amount of damages be assessed. This decision seeks to provide greater clarity to the proceedings and avoid unnecessary expenses or evidence for the parties involved.

We at OLIVARES remain attentive to the most recent and relevant criteria regarding damages, in order to provide our clients with strategic and preventive advice that allows them to avoid unjustified requirements and preserve their rights against improper legal actions.