Account of Profits, Infringement of Registered Designs - Bei Yu Industrial Co v Nuby (UK) LLP
Jane Lambert Intellectual Property Enterprise Court (Nicholas Caddick QC) Bei Yu Industrial Co v Nuby (UK) LLP [2022] EWHC 652 (IPEC) (22 March 2022) This was an account of profits. In the Chancery Division which deals with most intellectual property claims infringement proceedings take place in two phases. There is a hearing known as a "trial" to determine whether the right has been infringed and by whom. In the Intellectual Property Enterprise Court or IPEC that takes place some 15 months or so after the issue of the claim form. If the claimant is successful at trial, the court usually orders the defendant to stop the infringement on pain of imprisonment or other punishment for disobedience. If the successful claimant so wishes, the court will then decide how much money the defendant should pay him or her for the past infringement. Claimants have a choice. They can request compensation for the loss or damage they may have sustained as a r...