Clients often enquire, when seeking to resolve an IP infringement case, how they can ensure that a defendant complies with the settlement terms. In some cases the claimant will not trust the defendant to do so especially if there has been some form of concealment or deceit. The article below provides further insight.
It can be incredibly frustrating for successful claimants to witness defendants breaching the terms of Court orders. However, this case demonstrates that the Court has in its armoury processes and procedures through which it can ensure strict compliance with the terms of its orders. The case also serves as a useful reminder to parties that "half-hearted" compliance with a Court order can be subject to the same sanctions as deliberate disobedience of a Court order.