Remedies

This chapter surveys the development of the law of damages and remedies in Anglo-American intellectual property (IP) law. It differentiates the two principal approaches to damages for IP infringement in the Western tradition—pre-fixed or statutory and discretionary damages—and explains several predicates for obtaining them. It also discusses how damages awards are calculated in IP, and what are their key elements. Finally, it discusses non-monetary remedies for IP infringement, including general principles of equitable awards with particular attention to their procedural requirements and potential defenses. The chapter concludes by identifying certain recent developments that may be expected to have a significant impact on this aspect of IP law in the future.