Copyright infringement—remedies

Produced in partnership with Andrew Bowler of Bristows , Sean Ibbetson of Bristows and Lucie Fortune of Bristows
Practice notes

Copyright infringement—remedies

Produced in partnership with Andrew Bowler of Bristows , Sean Ibbetson of Bristows and Lucie Fortune of Bristows

Practice notes
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This Practice Note covers the remedies available for copyright infringement.

The remedies available in cases of copyright infringement are the same as those available for all IP right infringement. For further detail, see Practice Note: Civil and criminal remedies for intellectual property infringement.

These are:

  1. Injunctions (interim and final)

  2. Damages or an account of profits

  3. Delivery up, destruction and seizure

  4. Declaratory relief

  5. Dissemination and publication of judgment

  6. Other interim relief

  7. Costs

  8. Interest

This Practice Note also provides some explanation of remedies for infringement of moral and performance rights, concurrent rights, the Intellectual Property Enterprise Court (IPEC) and criminal offences. For further detail on:

  1. moral and performance rights, see Practice Notes: Moral rights and Performers’ rights and rights in performances

  2. the IPEC, see Practice Notes: Intellectual Property Enterprise Court—practical points on case management and Intellectual Property Enterprise Court—costs capping in practice

  3. criminal offences, see Practice Note: Copyright criminal offences

Injunctions

One of the most important remedies

Andrew Bowler
Andrew Bowler chambers

Partner, Bristows


Andy has specialised in contentious intellectual property matters, including related advisory work, since qualification in 1999. His advice covers the full range of intellectual property rights, with a particular emphasis on patents, trademarks, registered designs and trade secrets.

Andy has considerable experience of representing high profile clients in cases in the UK High Court, the IP Enterprise Court and the Court of Appeal. He has also been responsible for opposition and cancellation proceedings in the UK IP Office, EPO and OHIM. Andy is regularly involved in the co-ordination of proceedings with parallel actions elsewhere in the EU and US and also has experience of litigation in China. He has conducted several successful mediations of IP disputes.
Andy advises clients across a wide range of technologies, including complex mechanical and FMCG products, mobile phones, pharmaceuticals, electronics and medical devices as well as music, films and other media.

Andy has recently assisted a leading consumer products company in successful trade mark proceedings before the CJEU. His recent patent litigation experience has included acting for Kennametal, a $2 billion per year NYSE company, in successfully defending patent infringement proceedings brought in the Patents Court in London by their biggest competitor (Sandvik v Kennametal [2011] EWHC 3311 (Pat)), and successfully representing Siemens and its customers in the same venue in relation to infringement proceedings in the field of wind turbine technology (Wobben Properties GmbH v Siemens PLC & Ors [2015] EWHC 2114 (Pat)).


He has been recommended in Chambers & Partners, Legal 500, the International Who’s Who of Patent Lawyers and Best Lawyer UK.

Sean Ibbetson
Sean Ibbetson

Sean is an associate in Bristows’ IP litigation department.

He regularly advises clients in relation to disputes relating to IP and technology, and has been involved in high-profile High Court litigation for clients including Thomas Pink, Google and Cartier.

Sean also advises clients on their advertising and promotions, both in relation to IP issues and to ensure that they comply with the UK’s advertising regulations.

Lucie Fortune
Lucie Fortune

Solicitor, Bristows


Lucie is an intellectual property lawyer who specialises in intellectual property litigation. Lucie’s practice covers the full spectrum of IP rights, including trade marks, designs, copyright and patents. She advises clients across a broad range of industry sectors, from cutting-edge technology, digital media and telecommunications to luxury brands, retail, fashion, consumer products and life sciences.
 
Lucie has experience litigating domestic disputes in the English High Court and Patents Court. She also provides clients with strategic advice on how best to protect and enforce their IP across the UK. Many of Lucie’s cases have an international element, often involving multi-jurisdictional proceedings across the UK, the EU, the US and worldwide. She is experienced in complex cross-border coordination of litigation.
 
Lucie also has industry experience, having spent six months on secondment to the litigation department of a major retailer.
 
Lucie was named a Rising Star in Managing Intellectual Property’s IP Stars 2018 edition.

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Jurisdiction(s):
United Kingdom
Key definition:
Copyright definition
What does Copyright mean?

Any property right over certain creative works, which grants exclusive right to the owner.

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