This article was first published in Intellectual Property Magazine, September 2016
Should rightsholders whose IP has been infringed opt for damages or profits? With a close look at the UK case law, Emma Muncey weighs the merits
As all intellectual property litigators know, an intellectual property rightsholder who has proved his intellectual property right is valid and infringed in the English Courts is entitled to either damages or, by his own election, an account of profits. An account of profits is a restitutionary remedy intended to deprive the infringer of the profits he improperly made by the acts he committed in breach of the rightsholder’s rights and transfer those profits to the rightsholder.1 However, how exactly should such profits be calculated with respect to the costs that the infringer is allowed to deduct?
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