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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Disgorgement of Profits: Gain-Based Remedies Throughout the World

Disgorgement of Profits: Gain-Based Remedies Throughout the World

Hondius, Ewoud
Janssen, André

Paperback

Series: Ius Comparatum - Global Studies in Comparative Law, Book 8

PhilosophyGeneral Law

ISBN10: 3319373005
ISBN13: 9783319373003
Publisher: Springer Nature
Published: Oct 22 2016
Pages: 507
Weight: 1.64
Height: 1.08 Width: 6.14 Depth: 9.21
Language: English

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.

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