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Chapter

Cover Contemporary Intellectual Property

21. IP enforcement and remedies  

This chapter discusses civil intellectual property enforcement and remedies available in the event of infringement. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and Court of Justice and UK case law developments.

Chapter

Cover Contemporary Intellectual Property

20. EU competition law and intellectual property  

This chapter provides an overview of the tension between the application of European Union (EU) competition law and the exercise of intellectual property (IP) rights. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IP rights in the relevant market; clauses in intellectual property licensing agreements between undertakings that might be permissible in terms of EU competition law and those which are not; the conditions under which a refusal to supply products protected by an IP right might constitute an abuse of a dominant position by the right holder; and when competition law can provide a defence to an infringement action. The chapter also considers the implications of Brexit.

Book

Cover Contemporary Intellectual Property

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica

Contemporary Intellectual Property: Law and Policy, sixth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions—along with the implications of Brexit—to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the UK, European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.

Chapter

Cover Contemporary Intellectual Property

21. IP enforcement and remedies  

This chapter discusses intellectual property enforcement and remedies available to an IP right holder in the event of an infringement of a right. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and recent Court of Justice and UK case law developments. It also reviews criminal IP enforcement and enforcement considerations arising at an international level under TRIPS.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

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

Cover Contemporary Intellectual Property

20. EU competition law and intellectual property  

This chapter provides an overview of the tension between the application of competition law and the exercise of IPRs. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IPRs in the relevant market; clauses in intellectual property (IP) licensing agreements between undertakings that might be permissible in terms of EU competition law and those which are not; the conditions under which a refusal to supply products protected by an IP right might constitute an abuse of a dominant position by the right holder; and when competition law can provide a defence to an infringement action.