Both the objective and the subjective knowledge of the infringer can play a role in the assessment of compensation for damages. Under Swiss law, damage claims require, inter alia, fault of the infringer. Fault is given if the infringer caused the damage either wilfully or through negligence. If the infringer had subjective knowledge of the infringement, one will have to assume that he/she caused the damage wilfully and is therefore, in principle, liable. On the other hand, this does not mean that lack of subjective knowledge would exclude liability for damages.