Copyright infringement—remedies
Produced in partnership with Andrew Bowler of Bristows , Sean Ibbetson of Bristows and Lucie Fortune of Bristows

The following IP practice note produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows provides comprehensive and up to date legal information covering:

  • Copyright infringement—remedies
  • Injunctions
  • Damages or an account of profits
  • Innocent infringement
  • Delivery up, destruction and seizure
  • Declaratory relief
  • Dissemination and publication of judgment
  • Other interim relief
  • Costs
  • Interest
  • More...

Copyright infringement—remedies

This Practice Note covers the remedies available for copyright infringement.

The remedies available in cases of copyright infringement are the same as those available for all intellectual property (IP) right infringement. For further detail, see Practice Note: Civil and criminal remedies for intellectual property infringement.

These are:

  1. Injunctions (interim and final)

  2. Damages or an account of profits

  3. Delivery up, destruction and seizure

  4. Declaratory relief

  5. Dissemination and publication of judgment

  6. Other interim relief

  7. Costs

  8. Interest

This Practice Note also provides some explanation of remedies for infringement of moral and performance rights, concurrent rights, the Intellectual Property Enterprise Court (IPEC) and criminal offences. For further detail on:

  1. moral and performance rights, see Practice Notes: Moral rights and Performers’ rights and rights in performances

  2. the IPEC, see Practice Notes: Intellectual Property Enterprise Court—practical points on case management and Intellectual Property Enterprise Court—costs capping in practice

  3. criminal offences, see Practice Note: Copyright criminal offences

Injunctions

One of the most important remedies for a copyright owner is an injunction. Injunctions may be prohibitory (preventing a party from carrying out an act) or mandatory (compelling a party to carry out an act).

Typically in copyright infringement cases, the court will hand down a prohibitory injunction, which prohibits the defendant from carrying out (or continuing to carry out) acts which infringe the claimant’s copyright. The High Court’s power to grant injunctions arises pursuant to section 37

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