ABSTRACT
This article explores the nature and availability of equitable relief in transnational IP disputes. These disputes can present acute challenges, such as the multiplicity of proceedings and the limited effectiveness of municipal judicial orders in a globally interconnected world. Equity has a history of responding to these challenges and providing appropriate solutions. The experience of courts of equity, and the principles that they have developed, continue to offer valuable guidance for the resolution of transnational IP disputes in modern times. To some extent, settled equitable doctrine can also alleviate concerns of ‘exorbitance’.
Chen, Ben, Equitable Relief in Transnational Intellectual Property Disputes (2018). Journal of Equity, volume 12, (2018); 151-167; Sydney Law School Research Paper No 12/26.
First posted 2019-05-10 05:52:46
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