ABSTRACT

The remedies available for infringement of Intellectual Property Rights (IPR) have developed over the centuries. Some measures are interim measures, designed to put an immediate stop to an alleged infringing action, but sometimes it may be just to maintain the status quo pending a full trial of the issues. The interim injunction usually orders an alleged infringer to stop carrying out some activity alleged to infringe an IP right until the case comes to a full trial. At the full trial it is likely to be substituted for a permanent injunction if the alleged infringement is proved. As with interim injunctions, the claimant has to give an undertaking in damages should it turn out that the defendant was not infringing the rights in question. If you elect to apply for an account of profits, be aware that it might be difficult to isolate the profits made by virtue of the infringement from other non-infringing activities carried out by the infringer.