This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases, it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.
Chapter
18. Remedies and Appeals
Chapter
18. Remedies and Appeals
Alisdair A. Gillespie and Siobhan Weare
This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.
Chapter
32. Remedies in intellectual property litigation
This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.
Chapter
25. Remedies
Justine Pila and Paul L.C. Torremans
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.
Chapter
7. Breach of Statutory Duty
This chapter begins by considering the nature of the action for breach of statutory duty. The action for breach of statutory duty enables the claimant to recover compensation for losses brought about by the defendant’s failure to comply with a statutory obligation. Increasing areas of commercial and business activity are regulated by legislation designed to protect the health and safety of employees, consumers, and road-users; regulation may also have the aim of protecting certain property and financial interests. The second part of the chapter discusses the components of a liability covering the availability of a civil remedy; the scope of the civil remedy; causation, remoteness, and defences; and liability for breach of obligations arising under EU law.
Chapter
49. Civil and Criminal Remedies
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief that is available before a trial takes place, namely, interim injunctions and prevention of imports. It then outlines the civil remedies that are available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, the chapter examines the various criminal remedies that intellectual property right holders may avail.
