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Edited Legal Collections Data |
Book Title: Research Handbook on Intellectual Property and Creative Industries
Editor(s): Brown, E.L. Abbe; Waelde, Charlotte
Publisher: Edward Elgar Publishing
ISBN: 9781786431165
Section: Chapter 14
Section Title: Enforcement and remedy: what is success? IP litigation and the Creative Industries
Author(s): Brown, Abbe E.L.
Number of pages: 14
Abstract/Description:
This chapter explores the different outcomes which can arise from an IP owner winning an IP infringement action, as a result of IP law, human rights law, competition law and judicial discretion in courts from a range of countries. Particular reference is made to injunctions (interim and final) and to emerging remedies such as publicity and blocking orders. The chapter evaluates the impact this variety of outcomes can have on all those involved in the Creative Industries and on the place of IP. The chapter calls for greater engagement with this issue in policymaking and in courts.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2018/188.html