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European Intellectual Property Law

European Intellectual Property Law (2nd edn)

Justine Pila and Paul Torremans
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date: 27 May 2024

p. 54525. Remedieslocked

p. 54525. Remedieslocked

  • Justine PilaJustine PilaFellow and Senior Law Tutor of St Catherine’s College, Oxford; Research Fellow of the Institute of European and Comparative Law, Faculty of Law, University of Oxford
  •  and Paul L.C. TorremansPaul L.C. TorremansProfessor of Intellectual Property Law, University of Nottingham


This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.

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