Mon, Mar 28, 2016
Monograph: Damages Calculations in Intellectual Property Cases in Canada
In intellectual property cases, there are two types of monetary remedy: damages and an accounting of profits. Damages represent the patentee’s loss and are the default remedy in the sense that a court is obliged to award damages on proof of infringement and consequent loss. This publication focuses on damages in patent cases, although the reasoning generally applies in trade-mark and copyright cases.