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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Disgorgement of Profits: Gain-Based Remedies Throughout the World

ISBN13: 9783319187587
Published: August 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

This is a Print On Demand Title.
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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.

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.

Remedies and Damages
About the Authors
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 Sejean
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 Almasan and Cristina Zamsa
Disgorgement of Profits under Spanish Law
Carlos Gomez Liguerre
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
Basak Basoglu
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 Keglevic
Disgorgement of Profits in Slovenian Law
Damjan Mozina
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 Andre Janssen.