IP Remedies: Past, Present, and Future

Abstract

The purpose of the event is to look back at the history of remedies for intellectual property (IP) infringement, and to consider their future.

2025 is (approximately) the 50th year anniversary of a group of ground-breaking legal cases which established the remedies available in cases of IP infringement:

• General Tire v. Firestone Tyre [1976] RPC 197 (HL).
• American Cyanamid v. Ethicon [1975] AC 396.
• Anton Piller v. Manufacturing Processes [1976] Ch 55.
• Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974] AC 133.

Meanwhile, modern IP law is developing at great speed due to impact of artificial intelligence, the UK’s complex legal relationship with the European Union, and the importance of IP for the UK’s industrial strategy.

It is therefore an opportune moment to look back at one of the most important aspects of UK innovation and cultural policy, and to consider what may lie ahead.

Topics of discussion include historical reflections on the UK’s evolving remedies framework, the continued relevance of the EU Enforcement Directive, the impact of internet blocking orders on fundamental rights, and current challenges around patent preliminary injunctions and FRAND licensing

Organisers

Co-organised by the Intellectual Property Engagement Group at The City Law School, the Centre for Intellectual Property and Information Law at Cambridge University, and the United Kingdom Intellectual Property Office.

Programme agenda

15.00-15.10  - TLG11

Welcome and Introduction (Patrick Goold, City Law School and Amanda Howells, UK Intellectual Property Office)

15.15-16.15 - TLG11

Panel 1: The Past

• Sir Richard Arnold (Court of Appeal for England and Wales) (moderator)
• Professor Lionel Bently (University of Cambridge): A long view of American Cyanamid
• Professor Phillip Johnson (Cardiff University): The assessment of damages in patent infringement: General Tire and a history of uncertainty
• Professor Sir Robin Jacob (UCL): The stories of Norwich Pharmacal and Anton Piller
• Mr Jaani Riordan (8 New Square): Blocking Injunctions

16.15-16.30 - Atrium

Break

16.30-17.30 -  TLG11

Panel 2: The present and future

• Professor Enrico Bonadio (City Law School) (moderator)
• Ms Jane Cornwell (Edinburgh Law School): The continued relevance of the EU Enforcement Directive post Brexit?
• Ms Katherine Moggridge (Three New Square): Preliminary injunctions in patent law
• Annsley Merelle Ward (WilmerHale): FRAND

17.30-18.00 -  Atrium

Drinks reception