Leeson will have to pay 50 per cent of his earnings from TV3 to the liquidators for Barings after he was injuncted for stgpounds 100 million. |
The High Court suggested that purely compensatory damages may not always be sufficient compensation for the marketer of a wrongly injuncted generic. |
Presumably, the infringer who is deemed ignorant of the Community Patent's language should not be injuncted, in addition to not being liable to damages, until the necessary translation is provided. |
Comment: The decision highlights the sympathy the court will have for companies that have been wrongly injuncted and, if followed, will allow courts greater flexibility in assessing the losses suffered by them. |
It emerged yesterday in court as the BBC was finally allowed to say why it had been injuncted against reporting the document. |
Any such injunction will restrict the movements of the person injuncted and is a very serious matter. |