Account of Profits - OOO Abbott and Another v Design & Display Ltd and Another
Royal Courts of Justice Author Anthony M Source Wikipedia Creative Commons Licence When a patent is infringed the patentee has the choice of an inquiry as to damages or an account of profits under s.61 (1) of the Patents Act 1977. A similar choice is available to any other intellectual property right owner whose right is infringed. In OOO Abbott and another v Design & Display Ltd and another [2016] EWCA Civ 95 Lord Justice Lewison set out the basic principles at para [7] of his judgment: "Section 61 (1) (d) of the Patents Act 1977 entitles a patentee to claim against an infringer an account of the profits "derived by him from the infringement". An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent his unjust enrichment. The underlying theory is that the infringer is treated as having carried on his business (to the extent that it infringes) on behalf of the patente...