Damages and accounting of profits are the primary monetary remedies available in IP litigation. While damages aim to compensate the plaintiff for losses caused by infringement, an accounting of profits focuses on disgorging profits improperly earned by the defendant. In practice, however, these remedies are applied quite differently across patent, trademark, and copyright law — often producing distinct strategic considerations and unique outcomes.
This session will explore the key differences in the treatment of monetary remedies across Canada’s major IP regimes, including entitlement, evidentiary burdens, causation, apportionment, and strategy. Participants will gain practical guidance on advising clients, working effectively with expert and fact evidence, and developing persuasive arguments to maximize or defend monetary awards.
