Hondius E., Janssen A. (eds.) Disgorgement of Profits: Gain-Based Remedies throughout the World

Springer, 2015. — 507 p. — ISBN10: 3319187589; ISBN13: 978-3319187587.Is the first comparative book on disgorgement of profits. Establishes the notion of disgorgement of profits as a keyword in the discourse of private law
Presents a concise analysis of the law of 24 jurisdictions. Explores the problem of disgorgement damages, as well as the remedies and sources.
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.
This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.Original Questionnaire
Original Questionnaire: Disgorgement of Profits
Ewoud Hondius and André Janssen
Common Law
Disgorgement of Profits in Australian Private Law
Gain-Based Remedies for Civil Wrongs in England and Wales
Disgorgement in Ireland
French Legal Systems
Disgorgement of Profits in Belgian Private Law
The Disgorgement of Illicit Profits in French Law
An ItalianWay to Disgorgement of Profits?
Disgorgement of Profits in Portugal: A Journey Between the Present and the Future
Legal Mechanisms Enabling Disgorgement of Profits in Romania
Disgorgement of Profits Under Spanish Law
German Legal Systems
Disgorgement of Profits Under Austrian Law
Disgorgement of Profits in German Law
Disgorgement of Profits in Greece
Non-genuine Benevolent Intervention in Another’s Affairs and Disgorgement of Profits Under Turkish Law
Nordic Legal Systems
Disgorgement Damages in Norwegian Law
Mixed Legal Systems
Disgorgement of Profits in Canada
Disgorgement of Profits in Israeli Law
Disgorgement of Profits in Scots Law
Disgorgement of Profits in South African Law
Central and Eastern Europe
Disgorgement of Profits in Croatian Law
Disgorgement of Profits in Slovenian Law
East Asia
The Disgorgement Damage System in Chinese Law
Disgorgement of Profits in Japanese Law
Latin America
Disgorgement of Profits in Brazilian Law
Disgorgement of Profits in Chilean Private Law
General Report
Disgorgement of Profits: Gain-Based Remedies Throughout the World