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Is Article 13 of the Enforcement Directive a redundancy notice for the account of profits remedy in the UK

Firth, A and Fitzgerald, J (2014) Is Article 13 of the Enforcement Directive a redundancy notice for the account of profits remedy in the UK Journal of Intellectual Property Law & Practice.

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Abstract

This article examines a consequence of Art 13 of Directive 2004/48 on the enforcement of intellec- tual property rights. The authors consider the extent to which at least in the UK, the remedy of damages has effectively usurped the role and function of the free-standing remedy of account of profits. † It is argued that Art 13 has eliminated the need for electing between damages and account and a cascade is proposed, by which courts might approach the award of damages under Art 13.

Item Type: Article
Authors :
NameEmailORCID
Firth, Aa.firth@surrey.ac.ukUNSPECIFIED
Fitzgerald, JUNSPECIFIEDUNSPECIFIED
Date : 2014
Identification Number : https://doi.org/10.1093/jiplp/jpu118
Depositing User : Symplectic Elements
Date Deposited : 16 May 2017 15:34
Last Modified : 17 May 2017 14:36
URI: http://epubs.surrey.ac.uk/id/eprint/820574

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