Research Handbook on Intellectual Property and Creative Industries
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Research Handbook on Intellectual Property and Creative Industries

Edited by Abbe E.L. Brown and Charlotte Waelde

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
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Chapter 14: Enforcement and remedy: what is success? IP litigation and the Creative Industries

Abbe E.L. Brown

Abstract

This chapter explores the different outcomes which can arise from an IP owner winning an IP infringement action, as a result of IP law, human rights law, competition law and judicial discretion in courts from a range of countries. Particular reference is made to injunctions (interim and final) and to emerging remedies such as publicity and blocking orders. The chapter evaluates the impact this variety of outcomes can have on all those involved in the Creative Industries and on the place of IP. The chapter calls for greater engagement with this issue in policymaking and in courts.

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