In setting the damages, the court shall take into account separately:
1° The negative economic consequences of the infringement, 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 on intellectual, material and promotional investments that the infringer has made as a result of the infringement.
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 applied for authorisation to use the right infringed. This sum is not exclusive of compensation for non-material damage caused to the injured party.