Courts throughout the world must devote increasing attention to disputes involving patents, copyrights, trademarks, and other types of intellectual property (IP). This book provides a comprehensive overview of the remedies available for the infringement of IP rights, with particular attention to the world’s leading jurisdictions for infringement litigation.Thomas Cotter – one of the world’s leading experts on remedies for the infringement of IP rights – provides a detailed account of how courts within the U.S., the EU, Asia, and the Commonwealth of Nations address issues such as the standards for awarding preliminary and permanent injunctions; the calculation of lost profits and reasonable royalties; and the availability of other forms of relief including disgorgement of the infringer's profits, punitive and statutory damages, and criminal penalties. Up-to-date and comparative in scope, the book also calls attention to recent developments including global FRAND disputes, the Unified Patent Court, awards of extraterritorial damages, and more.Remedies in Intellectual Property Law is an essential resource for students and academics with an interest in IP law and litigation. It also provides a valuable resource for lawyers and clients involved in IP disputes, as well as for judges and policymakers tasked with applying, adapting, or extending existing law to new developments in technology, commerce, the arts, and entertainment.

This book examines the exhaustion doctrine of intellectual property (IP) rights, under which the rights of an IP owner are terminated after a predetermined exercise of those rights. It situates the law of IP exhaustion against a backdrop of legislative debate, policy, and technological developments across jurisdictions.Exploring the key principles of exhaustion in the fields of patent, copyright, trademark, and trade secret law, Shubha Ghosh illustrates how this rule affects our consumption of entertainment, including ebooks, movies, and music, and even waste materials used for street art and upcycling. Updating existing research on the scope of exhaustion across various industries and contexts with compelling arguments for the right to repair movement, Ghosh analyses the relationship between IP and competition. The book also discusses the emerging concept of digital exhaustion, explaining how exhaustion can function in a digital environment among technological protections. Exhaustion of Intellectual Property Rights is a vital resource for students and scholars of competition law and policy, intellectual property law, and international trade and business, as well as policymakers, artists, and creative professionals.

Courts throughout the world must devote increasing attention to disputes involving patents, copyrights, trademarks, and other types of intellectual property (IP). This book provides a comprehensive overview of the remedies available for the infringement of IP rights, with particular attention to the world’s leading jurisdictions for infringement litigation.Thomas Cotter – one of the world’s leading experts on remedies for the infringement of IP rights – provides a detailed account of how courts within the U.S., the EU, Asia, and the Commonwealth of Nations address issues such as the standards for awarding preliminary and permanent injunctions; the calculation of lost profits and reasonable royalties; and the availability of other forms of relief including disgorgement of the infringer's profits, punitive and statutory damages, and criminal penalties. Up-to-date and comparative in scope, the book also calls attention to recent developments including global FRAND disputes, the Unified Patent Court, awards of extraterritorial damages, and more.Remedies in Intellectual Property Law is an essential resource for students and academics with an interest in IP law and litigation. It also provides a valuable resource for lawyers and clients involved in IP disputes, as well as for judges and policymakers tasked with applying, adapting, or extending existing law to new developments in technology, commerce, the arts, and entertainment.

This book examines the exhaustion doctrine of intellectual property (IP) rights, under which the rights of an IP owner are terminated after a predetermined exercise of those rights. It situates the law of IP exhaustion against a backdrop of legislative debate, policy, and technological developments across jurisdictions.Exploring the key principles of exhaustion in the fields of patent, copyright, trademark, and trade secret law, Shubha Ghosh illustrates how this rule affects our consumption of entertainment, including ebooks, movies, and music, and even waste materials used for street art and upcycling. Updating existing research on the scope of exhaustion across various industries and contexts with compelling arguments for the right to repair movement, Ghosh analyses the relationship between IP and competition. The book also discusses the emerging concept of digital exhaustion, explaining how exhaustion can function in a digital environment among technological protections. Exhaustion of Intellectual Property Rights is a vital resource for students and scholars of competition law and policy, intellectual property law, and international trade and business, as well as policymakers, artists, and creative professionals.