Keeping the Faith: the role of good and bad faith in IP disputes

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).