Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?

Publication Type

Journal Article

Publication Date

9-2015

Abstract

There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean that damages awards may not reflect the value that society places on innovation and creativity.

Discipline

Asian Studies | Law

Research Areas

Innovation, Technology and the Law

Publication

Singapore Academy of Law Journal

Volume

27

First Page

480

Last Page

505

ISSN

0218-2009

Publisher

Singapore Academy of Law

Copyright Owner and License

Author

Comments

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http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/Current-Issue/ctl/eFirstSALPDFJournalView/mid/494/ArticleId/422/Citation/JournalsOnlinePDF

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