Precision in IP Arbitration: Strategies for Quantifying Damages in Cross-Border Disputes

Good read: The article “Quantifying Damages in International IP Arbitration” from IAM Media’s “The Guide to IP Arbitration – Third Edition” delves into the complexities of assessing monetary damages in cross-border intellectual property disputes. Authored by experts Gregory K Bell, Peter J Rankin, and Andrew Tepperman, the piece emphasizes the necessity of a meticulous and context-specific approach to damage quantification.

A central theme is the requirement for claimants to establish a direct link between the respondent’s unauthorized use of IP and the claimant’s economic losses. This involves demonstrating that the respondent’s sales were a direct result of the infringement, thereby justifying claims for lost sales. The article also highlights the importance of understanding the nuances of IP valuation, as it differs significantly from standard damage calculations. Given the intricate nature of IP rights and their enforcement across different jurisdictions, the authors advocate for tailored strategies that consider the specific circumstances of each case.

In essence, the article serves as a comprehensive guide for practitioners, offering insights into the methodologies and considerations essential for accurately quantifying damages in international IP arbitration.

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Have a look at the full article here.