In fixing the damages, the court shall take into account separately:
1° The negative economic consequences of the infringement of rights, including the loss of profit and loss suffered by the injured party;
2° The non-material damage caused to the injured party;
3° And the profits made by the infringer, including the savings in intellectual, material and promotional investment that the infringer has derived from the infringement of rights.
However, the court may, as an alternative and at the request of the injured party, award a lump sum by way of damages. This sum is greater than the amount of royalties or fees that would have been payable if the infringer had requested authorisation to use the right infringed. This sum is not exclusive of compensation for non-material damage caused to the injured party.