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).
Summary note can be viewed here
