Tuesday 5 March 2013 at 13:00
Intellectual Property Discussion Group
Account of profits for breach of contract – Does it matter if the contract serves to protect (intellectual) property rights?
Speaker: Dr Franz Hofmann, Ludwig-Maximilians-Universität (Munich), currently visiting OIPRC
Venue: Oxford Law Faculty Senior Common Room
In German law, account of profits is a remedy which is not generally well-established, except in the case of intellectual property law.Basically, instead of damages the claimant can claim the gain the defendant obtained by the violation of an intellectual property right. If the defendant breaches a contract, however, he just has to compensate the claimant. There is no remedy such as account of profits for breach of contract. Even if the claimant did not suffer a loss, the defendant does not have to restore any gain he obtained as a result of the wrongdoing. In English law remedies such as account of profits have been awarded more generously, even for breach of contract (e. g. A-G v Blake [2001] 1 AC 268). Interestingly, this case was about confidential information, which is an intangible asset. So were others cases. Thus the question is whether there is a link between the violation of a contract and the fact that the contract serves to protect (intellectual) property rights. Is account of profits the proper remedy for those cases in contract law?
For more information please see the event website or contact: Daniela Simone
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Organised by the Intellectual Property Discussion Group
