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  • Print publication year: 2008
  • Online publication date: June 2012

17 - Remedies and miscellaneous issues

Summary

Introduction

There are some aspects of the intellectual property regimes that are common to all regimes. Some of the remedies available for alleged breaches of intellectual property rights fall into this category. In addition, there are some other laws that affect the intellectual property laws in a relatively uniform manner. For example, the restrictive trade practices provisions of pt IV of the Trade Practices Act 1974 (Cth) apply equally to all owners of intellectual property, subject to one or two variations.

The purpose of this chapter is to deal with most of those aspects. The chapter commences with a discussion of available remedies for infringement. After dealing with remedies, the chapter deals with a number of other miscellaneous issues, such as the relationship between intellectual property and restrictive trade practices.

Pretrial remedies

The nature of the various forms of intellectual property is such that it is relatively easy and inexpensive to engage in infringing behaviour which can have devastating effects on the value of the intellectual property in question. Consequently, it is important to have an understanding of the types of action that can be taken to protect intellectual property and, in particular, action that can be taken before trial to preserved the intellectual property owners' position.

Anton Piller orders

One order specifically created to deal with the conduct of unscrupulous intellectual property infringers is the Anton Piller order, named after the first case to grant such an order.