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11 October 2007 / Robert Renfree
Issue: 7292 / Categories: Features , Damages , Intellectual property
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Assessing the damage

How will the IP Enforcement Directive affect damages for IP infringement? asks Robert Renfree

Few intellectual property (IP) cases proceed to a damages assessment. Usually the court will only order a damages inquiry after liability is established at trial. A damages inquiry is a substantial exercise, requiring expert accounting evidence. IP rights holders are often more interested in stopping the infringing act by obtaining a rapid injunction than in spending time and money trying to establish what their damages entitlement is, particularly where the infringer has limited finances.

Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd [2006] EWHC 1344 (Pat), [2006] All ER (D) 68 (Jun) demonstrates the principles applied when damages are assessed. Ultraframe manufacture conservatories. They developed a conservatory called Ultralite. Ultralite enabled Ultraframe’s share of the low pitch conservatory market to grow from 5% to 80%. In 2002 Eurocell launched a competing product, Pinnacle. Ultraframe issued proceedings alleging that Pinnacle had infringed Ultraframe’s patent and unregistered design rights for Ultralite. After an appeal to the Court of Appeal, it was established

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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