Abusive IP litigation – international publication

In 2019, IP Draughts was invited to participate in an international research project, organised by the International League of Competition Law, known as LIDC. The topic was abusive action in IP disputes – from threats to litigation.

IP Draughts was probably selected for this task because he had recently led the IP Law Committee of the Law Society of England and Wales in its campaign to reform UK law in this area, which culminated in the passing of the Intellectual Property (Unjustified Threats) Act 2017. He is grateful to Christopher Stothers and George Peretz QC for the opportunity.

The project involved several authors writing papers on the state of the law in their respective jurisdictions. IP Draughts’ main tasks were to set the questions that the national authors had to answer, consider the national papers, and write an “international” paper that took a high level view of the state of the law across jurisdictions. He presented his paper at the LIDC annual conference in November 2019, and this led to the conference passing a resolution on the subject.

The papers have now been collated and edited as chapters in a book, which has finally been published by Springer. IP Draughts’ chapter can be purchased here. It should apparently be cited as Anderson M. (2021) International Report. In: Kobel P., Këllezi P., Kilpatrick B. (eds) Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham.

It was an interesting project, and IP Draughts learnt a great deal from it, mostly about the challenges of international academic cooperation, and the differing approaches of legal publishers to so-called “open access” publishing. This will all be useful experience if he gets his IP research centre off the ground.

Podcast of this article here.

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