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Courts throughout the world must devote increasing attention to disputes involving patents, copyrights, trademarks, and other types of intellectual property (IP). This book provides a comprehensive overview of the remedies available for the infringement of IP rights, with particular attention to the world’s leading jurisdictions for infringement litigation.Thomas Cotter – one of the world’s leading experts on remedies for the infringement of IP rights – provides a detailed account of how courts within the U.S., the EU, Asia, and the Commonwealth of Nations address issues such as the standards for awarding preliminary and permanent injunctions; the calculation of lost profits and reasonable royalties; and the availability of other forms of relief including disgorgement of the infringer's profits, punitive and statutory damages, and criminal penalties. Up-to-date and comparative in scope, the book also calls attention to recent developments including global FRAND disputes, the Unified Patent Court, awards of extraterritorial damages, and more.Remedies in Intellectual Property Law is an essential resource for students and academics with an interest in IP law and litigation. It also provides a valuable resource for lawyers and clients involved in IP disputes, as well as for judges and policymakers tasked with applying, adapting, or extending existing law to new developments in technology, commerce, the arts, and entertainment.
ContentsPreface 1 Introduction to the law of intellectual property remedies 2 Injunctions 3 Compensatory damages 4 Royalties and related remedies 5 Infringers’ profits and unjust enrichment 6 Enhanced damages, statutory damages, criminal penalties,publication and apology, and declaratory judgments Index
‘In this uniquely comprehensive volume, Professor Thomas Cotter offers a masterful synthesis that compares, assesses and evaluates both monetary and non-monetary legal remedies across the major commercial jurisdictions of the world. This highly readable text should be indispensable to anyone seeking to understand international IP litigation today.’
Thomas F. Cotter, USA) Cotter, Prof. Thomas F. (Briggs and Morgan Professor of Law, Briggs and Morgan Professor of Law, University of Minnesota Law School
Thomas F. Cotter, USA) Cotter, Prof. Thomas F. (Briggs and Morgan Professor of Law, Briggs and Morgan Professor of Law, University of Minnesota Law School