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 not exclusive of compensation for non-material damage caused to the injured party.