Private law remedies for the infringement of intellectual property rights

Abstract

The article analyzes the private law remedies established by the Chilean statute of Intellectual Property, for the protection of copyrights, reviewing the injunctions, compensatory damages, restitutionary damages or royalty fees, and disgorgement of profits. Given the recent incorporation of these remedies into Chilean Law, and the few scholarly studies on the subject (especially on injunctions and restitutionary damages), the article discusses the requirements of each of these remedies, and explores the possibility of accumulating the remedies. The overall objective is to provide information to assess the efficacy of these mechanisms for the protection of copyrights.