The CLA will be holding an evening meeting on Thursday 22 January at 6pm at Freshfields LLP, 100 Bishopsgate, London EC2P 2SR.
Registration will be open from 6:00pm and the talk will begin promptly at 6:15pm.
Anna Edwards-Stuart KC and Christopher Stothers have kindly agreed to speak on:
Keeping the Faith: the role of good and bad faith in IP disputes
With competition law reviving its appetite to interfere with IP rights, it is a good occasion to revisit the more nuanced controls within IP law which seek to ensure fair and effective competition and that IP rights fulfil their purpose. In this event we will discuss the wide and varies role of faith within IP law, which can be a basis for invalidation of trade mark rights (under Article 3(6) of the Trade Marks Act 1994, as considered by the Supreme Court in SkyKick v Sky [2024] UKSC 36); to avoid limitations on entitlement claims (EU Regulation 6/2002, Article 15(3); similarly in different language Patents Act 1977, s 37(9)); to continue acts under a patent (Patents Act 1977, ss64 and 20B(4)); to restrict relief for patent infringement (Patents Act 1977, ss62(3) and 63(2), which were before the court in Dyson v SharkNinja); and for an obligation to enter into an “interim licence” (ETSI IPR policy, clause 6.1).
Anna Edwards-Stuart KC is a barrister at 11 South Square with an excellent reputation for her diverse and successful practice, encompassing all areas of intellectual property law ranging from pharmaceutical patents to complex trade mark matters and related contractual disputes as well as damages inquiries and accounts of profits. During 2019 Anna was appointed Standing Counsel for the Comptroller-General of Patents, Designs and Trade Marks, and she represented the Comptroller-General before the Supreme Court when intervening in SkyKick v Sky. Anna was appointed a King’s Counsel (KC) in 2024.
Christopher Stothers is a partner at Freshfields in London and Dublin and an experienced patent litigator, managing strategic, cross-border disputes around Europe and beyond. He is well known for his work on the interface between IP, competition and regulatory law. He is also an Honorary Professor of Practice at University College London in intellectual property and competition law. He led the Freshfields team representing SharkNinja in its patent dispute with Dyson where bad faith in relation to claim amendments was raised.
The session will be followed by drinks and canapés. There is no additional charge for members.
There will be a registration fee for non-members:
- £50 (full rate)
- £35 (full time academic/public sector employees)
- £10 (students, trainees, pupil barristers).
Online registration will close midday on Wednesday 21 January.
