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Intellectual Property Remedies 代写
Intellectual Property Remedies
Remedies: How is Infringement Punished / Redressed?
Is one or more of the following remedies likely to be available in the circumstances?Intellectual Property Remedies 代写
I. Injunction
When an interlocutory injunction is sought, ask:
a. Is there a case to be tried?
b. Can the plaintiff show a strong prima facie case?
c. Would damages be a suitable remedy for the plaintiff?
d. Could the plaintiff adequately compensate the defendant with damages?
e. If the above factors are equal, the courts must decide – on the balance of convenience – which party is likely to suffer most?
Mareva Injunctions prevent defendants from removing objects from the jurisdiction.
II. Anton Piller Order
Allows seizure of infringing goods or documents if a defendant might hide or destroy the evidence.
Intellectual Property Remedies 代写
It requires:
a. A strong prima facie case;
b. That the actual or potential damage would be very serious for the plaintiff; and
c. There is clear evidence that the defendant has documents or objects in its possession, and that there is a real possibility that s/he might destroy them.
Intellectual Property Remedies 代写
III. Damages
In assessing damages, ask whether the plaintiff:
a. Would have charged a license fee for the work; and
b. Would have expected a royalty.
Damages will generally be unsuitable if the damage:
a. is irreparable;
b. is outside the scope of financial compensation;
c. is very difficult to calculate.
Intellectual Property Remedies 代写
IV. Account of Profits
The plaintiff claims the profit that the defendant has made on each infringing item (recovers the defendant’s unjust enrichment). This is traditionally an alternative to damages.
V. Delivery Up of Infringing Goods
This follows a final injunction, and may include destruction of the infringing goods.
Intellectual Property Remedies 代写
VI. Criminal Sanctions
Section 132 of the Act provides for criminal sanctions. This will be particularly relevant in piracy situations where there is intentional, commercial infringement.
