CIPIL spring conference 2013

CIPIL Spring Conference: What's New in IP Remedies? Saturday 9th March 2013

Over 70 delegates including practitioners, academics and students attended the annual Spring Conference and enjoyed a day of lectures and discussions about the law relating to IP remedies – disclosure orders, seizure, injunctions, declarations, delivery up, damages, accounts.

Currently this area is in a state of flux; in part this is because of the impact of the EC law, and in part because the modes of infringement have altered in the Internet environment, demanding new remedial responses. The conference explored UK jurisprudence in relation to the Enforcement Directive and looked at reactions across Europe. The afternoon session focused, in particular, on the developments in relation to the Internet and included a discussion of developments in the US and International regimes – the ultimately unsuccessful ACTA being an instrument that was primarily about buttressing and developing remedies. By the end of the day, delegates had gained a good understanding of recent developments and some sense of where the law is going.

Morning Session

Recent Developments in the UK

  • Professor Phillip Johnson (University College Dublin) Damages in European law and the equitable accounts of profit under English law
  • Joel Smith (Herbert Smith Freehills LLP) and Christopher Sharp (Herbert Smith Freehills LLP), Final injunctive relief – a guaranteed remedy in the UK?
  • Henry Carr QC (11 South Square) Publicity Orders after Apple v Samsung

News from Elsewhere

Afternoon Session

Internet Remedies

  • Jaani Riordan (University of Oxford) Blocking injunctions in the United Kingdom
  • Professor Alain Strowel (University St Louis, Brussels) (Saint-Louis University, Avocat, Brussels) Blocking Injunctions

Reflections

  • Professor Paul Heald (University of Illinois) Injunctions as a Form of Punitive Damages
  • Professor Lionel Bently (University of Cambridge) Do We Need More Flexibility in Remedies?