Author(s):
J. Bradley White, Brad Jenkins, Vincent M. de Grandpré
June 3, 2014
Despite the often significant costs involved, avoiding IP litigation entirely is simply not an option for many enterprises. Millions of dollars are spent building and promoting a brand, researching and developing new technologies or financing the creation of blockbuster films and television programs. Unless the property rights arising from these creative acts are adequately protected, the value of these investments can be diminished or even destroyed. Furthermore, businesses are increasingly confronted with cease and desist letters or even lawsuits asserting IP rights that are not infringed or are, in fact, invalid. Unless these unfounded claims are resisted, businesses can find themselves with no legal market for their product. In situations such as these, litigation may be unavoidable.
The challenge then is to determine when it is appropriate to proceed with litigation and when it is not. Many factors must be considered in making this determination. Aside from the prospects of success, one of the key factors is the amount likely to be awarded in damages, as this will determine the extent of recovery or the scope of liability. This article explores some recent Canadian decisions that provide interesting insight into how courts in Canada are approaching the issue of damages arising from the infringement of IP rights.
Read the complete article as a PDF.
This article first appeared in Intellectual Asset Management issue 66, published by The IP Media Group. To view the report in full, please go to iam-magazine.com.
Authored by Brad Jenkins, J. Bradley White, Vincent M. de Grandpré