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          Restitution of earned profit by infringers is a way of remedy for intellectual property damages that is based on the rule of preventing unjust enrichment and has been predicted by some I.P. pioneering countries as the guarantee of infringement of I.P rights. The plaintiff may require the above-mentioned remedy instead of, or beside the lost profit. It is an appropriate way to compute the remedy if it does not cause unfair increase in remedy. According to the criterion, the plaintiff will be entitled to the restitution of all profit due to transactions if the loss is proved to have been made, unless the defendant proves that all or part of the profit was earned due to other factors excluding infringed I.P. rights. Iranian I.P. rules have not foreseen such criterion, however, considering the acceptance of preventing unjust enrichment rule in religious jurisprudence and law-among them the subject of vindication that allows the restitution of properties & assets faultlessly-it can be concluded that the right holder (plaintiff) can undoubtedly return the profit made by the infringer through the infringement of I.P. rights.    

Keywords: Restitution, Profits, Infringer, Remedy

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