A wider view of damages

Abstract

In the UK, the compensation to which a successful claimant is entitled in respect of either patent or unregistered design right infringement may take the form of either damages or an account of the other party's profits. It is established law that damages are compensatory rather than punitive and that the aim is, as far as is possible, to return the claimant to its original position as if the infringement had not occurred. More recently a wider view has been taken as to what damages may potentially be recoverable.