Disgorgement of profits [electronic resource] : gain-based remedies throughout the world / Ewoud Hondius, André Janssen, editors.
Hondius, E. H., 1942- editor.; Janssen, Andre, 1972- editor.
2015
K920 .D57 2015eb
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Title Disgorgement of profits [electronic resource] : gain-based remedies throughout the world / Ewoud Hondius, André Janssen, editors.
ISBN 9783319187594 electronic book
3319187597 electronic book
9783319187587
DOI https://doi.org/10.1007/978-3-319-18759-4
Published Cham : Springer, [2015]
Language English
Description 1 online resource.
Item Number 10.1007/978-3-319-18759-4 doi
Call Number K920 .D57 2015eb
Dewey Decimal Classification 346.02/9
Summary Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions ℓ́ℓ as opposed to those of the common law ℓ́ℓ 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 Blakeℓ́ℓs 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. ℗ℓ.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Added Author Hondius, E. H., 1942- editor.
Janssen, Andre, 1972- editor.
Series Ius comparatum ; volume 8.
Available in Other Form Print version: 9783319187587
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List of Abbreviations
A. Original Questionnaire
B. Common Law
Disgorgement of Profits in Australian Private Law; Katy Barnett
Gain-Based Remedies for Civil Wrongs in England and Wales; Stephen Watterson
Disgorgement in Ireland; Niamh Connolly
C. French Legal Systems
Disgorgement of Profits in Belgian Private Law; Marc Kruithof
The Disgorgement of Illicit Profits in French Law; Michel Séjean
An Italian Way to Disgorgement of Profits?; Paolo Pardolesi
Disgorgement of Profits in Portugal: a Journey Between the Present and the Future; Henrique Sousa Antunes
Legal Mechanisms Enabling Disgorgement of Profits in Romania; Adriana Almășan and Cristina Zamșa
Disgorgement of Profits under Spanish Law; Carlos Gomez Ligüerre
D. German Legal Systems
Disgorgement of Profits under Austrian law; Maximilian Brunner and Stefan Perner
Disgorgement of Profits in German Law; Tobias Helms
Disgorgement of Profits in Greek Law; Eleni Zervogianni
Non-Genuine Benevolent Intervention In Another?s Affairs and Disgorgement of Profits under Turkish Law; Başak Başoğlu
E. Nordic Legal Systems
Disgorgement Damages in Norwegian Law; Erik Monsen
F. Mixed Legal Systems
Disgorgement of Profits in Canada; Lionel Smith and Jeff Berryman
Disgorgement of Profits in Israeli Law; Talia Einhorn.- Disgorgement of Profits in Scots Law; Martin A. Hogg.-Disgorgement of Profits in South African Law; Jacques du Plessis and Daniel Visser
G. Central and Eastern Europe
Disgorgement of Profits in Croatian Law; Ana Keglević
Disgorgement of Profits in Slovenian Law; Damjan Možina
H. East Asia
The Disgorgement Damage System in Chinese Law; Xiang Gao and Chengwei Liu
Disgorgement of Profits in Japanese Law; Yoshihisa Nomi
I. Latin America
Disgorgement of Profits in Brazilian Law; Aline de Miranda Valverde Terra
Disgorgement of Profits in Chilean Private Law; Rodrigo Momberg
J. General Report
Disgorgement of Profits: Gain-based Remedies throughout the World; Ewoud Hondius and André Janssen.

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