COMMENTED by
The Intellectual Property (Enforcement, etc.) Regulations 2006 (Note)

EXTENDED by
The Intellectual Property (Enforcement, etc.) Regulations 2006 (Memo)

The Intellectual Property (Enforcement, etc.) Regulations 2006

STATUTORY INSTRUMENTS

2006 No. 1028

INTELLECTUAL PROPERTY

The Intellectual Property (Enforcement, etc.) Regulations 2006

Made 5th April 2006

Laid before Parliament 6th April 2006

Coming into force 29th April 2006

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to intellectual property (including both registered and unregistered rights)[2].

He makes the following Regulations under the powers conferred by that section:

Citation and commencement

1. These Regulations may be cited as the Intellectual Property (Enforcement, etc.) Regulations 2006 and shall come into force on 29th April 2006.

Amendments of legislation

2. -(1) Schedule 1 (amendments to the Registered Designs Act 1949) shall have effect.

(2) Schedule 2 (amendments to other primary legislation) shall have effect.

(3) Schedule 3 (amendments to secondary legislation) shall have effect.

(4) The enactments set out in Schedule 4 (repeals) shall be repealed or revoked to the extent specified.

Assessment of damages

3. -(1) Where in an action for infringement of an intellectual property right the defendant knew, or had reasonable grounds to know, that he engaged in infringing activity, the damages awarded to the claimant shall be appropriate to the actual prejudice he suffered as a result of the infringement.

(2) When awarding such damages-

(a) all appropriate aspects shall be taken into account, including in particular-

(i) the negative economic consequences, including any lost profits, which the claimant has suffered, and any unfair profits made by the defendant; and

(ii) elements other than economic factors, including the moral prejudice caused to the claimant by the infringement; or

(b) where appropriate, they may be awarded on the basis of the roya...

If you are already a vLex customer, Access Here