Disgorgement of profits is not exactly a household word in private
law. Particularly in civil law jurisdictions – as opposed to those
of the common law – the notion is not well known. What does it stand
for? It is best illustrated by examples. One of the best known being
the British case of Blake v Attorney General, [2001] 1 AC 268. In
which a double spy had been imprisoned by the UK government before
escaping and settling in the former Soviet Union. While there wrote a
book on his experiences, upon which the UK government claimed the
proceeds of the book. The House of Lords, as it then was, allowed the
claim on the basis of Blake’s breach of his employment contract.
Other examples are the infringement of intellectual property rights,
where the damages of the owner are limited, but the profits of the
wrongdoer immense. In such cases, the question arises whether the
infringing party should be disgorged of his profits. This volume aims
at establishing the notion of disgorgement of profits as a keyword in
the discourse of private law. It does not purport to answer the
question whether or not such damages should or should not be awarded.
It does however aim to contribute to the discussion, the arguments in
favour and against, and the organisation of the various actions.
Les mer
Gain-Based Remedies throughout the World
Produktdetaljer
ISBN
9783319187594
Publisert
2018
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter