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Disgorgement of Profits - Gain-Based Remedies throughout the World (Hardcover, 1st ed. 2015)
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Disgorgement of Profits - Gain-Based Remedies throughout the World (Hardcover, 1st ed. 2015)
Series: Ius Comparatum - Global Studies in Comparative Law, 8
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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.
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