Show Summary Details
Intellectual Property Law

Intellectual Property Law (1st edn)

Stavroula Karapapa and Luke McDonagh
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 30 September 2022

p. 58422. Civil and criminal remedieslocked

p. 58422. Civil and criminal remedieslocked

  • Stavroula KarapapaStavroula KarapapaProfessor of Intellectual Property and Information Law, University of Reading
  •  and Luke McDonaghLuke McDonaghSenior Lecturer in Law, City, University of London

Abstract

This concluding chapter explores the means available to the owner of an intellectual property (IP) right — whether a patent, trade mark, design, or copyright — to obtain redress for infringement. The law's exclusionary effect typically occurs by means of the claimant IP owner obtaining one or more remedies from a court against the defendant(s). Common remedies include injunctions and monetary compensation in the form of damages/accounts of profit. It is crucial to comprehend that the court, when granting remedies, attempts to strike a balance between the IP holder's rights and the principles of free competition. The chapter then considers the contexts in which IP rights are enforced and what remedies are available to a claimant before the full trial occurs, and what remedies are available to a successful claimant after there has been a substantive court ruling on infringement. It also looks at the problem of counterfeiting.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription