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Rethinking the Standard for Ascertaining the Quantum of Disgorgement in Patent Law Contexts

Citation

Abdussalam, M and Nielsen, J, Rethinking the Standard for Ascertaining the Quantum of Disgorgement in Patent Law Contexts, Journal of Business Law, (5) pp. 413. ISSN 0021-9460 (2017) [Refereed Article]


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Abstract

This article makes a case for the adoption of the "differential approach" over the "apportionment approach" as the proper criterion of determining the quantum of profits to be disgorged in patent enforcement. Its thesis is that the differential approach is more suitable to the peculiarities of the patent system simply because it accords with the utilitarian nature of the system. The novelty of this article lies in its suggestion that incremental benefits derived from patent infringement should be determined against the utilities or economic advantages enabled by the prior art before the infringed patent was issued.

Item Details

Item Type:Refereed Article
Keywords:account of profits, disgorgement of profits, infringement, patents
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Intellectual Property Law
Objective Division:Law, Politics and Community Services
Objective Group:Other Law, Politics and Community Services
Objective Field:Law, Politics and Community Services not elsewhere classified
Author:Abdussalam, M (Mr Moshood Abdussalam)
Author:Nielsen, J (Dr Jane Nielsen)
ID Code:119212
Year Published:2017
Deposited By:Faculty of Law
Deposited On:2017-07-27
Last Modified:2017-08-09
Downloads:0

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