In “Damages in International IP Arbitration”, a chapter published in The Guide to IP Arbitration, Greg Bell, Peter Rankin, and Andrew Tepperman explore the two types of lost profit assessments regarding IP-related damages.
The authors discuss the distinction between lost profits due to lost sales and lost profits due to lost payments related to the unauthorized use of IP. The chapter concludes by considering the issues associated with determining an appropriate payment for other unauthorized uses of IP.
An extract from the first edition of GAR’s The Guide to IP Arbitration. The whole publication is available here.