Q&As

What redress can I get if someone infringes my IP rights?

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Published by a LexisNexis IP expert
Last updated on 04/12/2013

The following IP Q&A provides comprehensive and up to date legal information covering:

  • What redress can I get if someone infringes my IP rights?
  • Main concept
  • Injunction
  • Interim injunction
  • Destroying the goods, or having them sent to the IP owner
  • Damages
  • Account of profits
  • Publicity
  • Customs seizures

What redress can I get if someone infringes my IP rights?

Main concept

The main remedies available to those who have had their IP rights infringed are basically the same as for other torts. The IP owner is not restricted to choosing one type of redress. It is possible (and usual) to ask the court for a combination of remedies. The court can award these so long as it does not mean that the IP owner gets recompense more than once for the same wrongdoing.

If the preference is to avoid starting (or finishing) a court case and instead try to negotiate a settlement with the infringer, the IP owner can reasonably ask the infringer to agree to the combination of remedies that the court would have ordered. The more difficult items to negotiate would be redress that goes beyond the limits of what a court would normally order. The main options for redress across the spectrum of IP rights are detailed below.

Injunction

Usually an IP rights owner's top priority is to get an injunction to stop the infringements. This injunction will generally stop infringement for the rest of the life of the patent, but not usually beyond patent expiry (unless the infringer secured an unfair springboard into the post-expiry market).

Interim injunction

If the matter is particularly urgent, it is possible to get an emergency injunction from the court to

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Settlement definition
What does Settlement mean?

The payment or collection of proceeds after trading a security. Settlement usually takes place some time after the deal and price are agreed.

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