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Inside Internal Controls

News and discussion on implementing risk management

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non-infringing product

Availability of non-infringing product is relevant in determining profit recovery for infringing activities

In a recent decision, the Federal Court of Appeal determined that the Federal Court erred in law by rejecting the relevance at law of any available non-infringing product and failed to adequately consider the evidence adduced as to the ability and willingness of three suppliers to provide non-infringing product.

 

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