Remedies

Remedies

1. CDPA s96(2): in action for infringement of CR all such relief by way of damages, injunctions, accounts or otherwise is available to plaintiff as is available in respect of infringement of any other property right

2. Damages

   • s97(1): where infringement is 'innocent', plaintiff is not entitled to damages
   • s97(2): where additional damages are available

3. CDPA must be interpreted in light of Enforcement Dir

4. Delivery up and seizure

   • s99-100

5. Injunctions

   • s97A CDPA
   • Power granted under art8(3) extends to the making of disclosure orders; only permissible where there is a fair balance between the competing rights at issue