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

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 h...

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Main Author: LLEWELYN, David
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2015
Subjects:
Law
Online Access:https://ink.library.smu.edu.sg/sol_research/1611
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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spelling sg-smu-ink.sol_research-35632018-05-10T01:03:45Z Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”? LLEWELYN, David 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. 2015-09-01T07:00:00Z text https://ink.library.smu.edu.sg/sol_research/1611 http://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/Current-Issue/ctl/eFirstSALPDFJournalView/mid/494/ArticleId/422/Citation/JournalsOnlinePDF Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Law
spellingShingle Asian Studies
Law
LLEWELYN, David
Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
description 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.
format text
author LLEWELYN, David
author_facet LLEWELYN, David
author_sort LLEWELYN, David
title Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
title_short Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
title_full Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
title_fullStr Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
title_full_unstemmed Assessment of Damages in Intellectual Property Cases: Some Recent Examples of “the Exercise of a Sound Imagination and the Practice of a Broad Axe”?
title_sort assessment of damages in intellectual property cases: some recent examples of “the exercise of a sound imagination and the practice of a broad axe”?
publisher Institutional Knowledge at Singapore Management University
publishDate 2015
url https://ink.library.smu.edu.sg/sol_research/1611
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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