Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Wed, 7 Oct 1998 10:31:27 |
| Re: |
Responses to UE |
Just to follow
up one part of Charles' interesting posting, in the context of injunctions
he said
Laying to one side the question whether Parliament
truly intended to exclude the possibility that patentees might be entitled
to additional remedies for infringement of their patents besides those
specified in the Act, In Beloit
Canada Ltd v Valmet-Dominion Inc [1997] 3 FC 497, [1998] RLR 67, the
Canadian Federal Court of Appeal held that you could have an accounting
of profits for infringement of a patent even though the Patent Act does
not mention it (bizarrely, given that it was recently overhauled, and
that the Trade-marks Act and Copyright Act both do mention it).
Lionel
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