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Copyright Infringement, Injunction and Damages

Taking Action on Copyright Infringement

If you seek to prevent infringement or a continuation of infringement this is achieved by means of an injunction, provided you act promptly.

You can, in addition (or alternatively, if the damage has already been done) seek damages from the infringer based on the estimated loss from the infringement or an account of profits made by the infringer.

However, financial compensation may not be awarded if the infringer had no reason to believe that the work was copyright-hence the importance of affixing a copyright notice on the copyright work to pre-empt this defence . You may also ask the Court to order delivery upon infringing copies or articles used for making copies.

If you fear that vital evidence which may assist you in infringement proceedings might be destroyed or if the defendant's assets might be spirited away in order to avoid their use towards the payment of your damages early legal advice should be taken as no special remedies may be available.

Parallel Trade

There are special problems relating to parallel trade (namely parallel exports and parallel imports of products incorporating your copyright where you have already consented to use of the rights by another elsewhere in the EU). EU free movement principles restrict the use of intellectual property rights to prevent cross-border trade within the EU.

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