Extending accessorial liability for infringement - when does joint liability arise?


he Court of Appeal has handed down an important judgment that clarifies when a defendant will be held accessorily liable for infringement as a joint infringer.

The decision is significant for a number of reasons:

(i) It has relaxed the rules imposing liability for accessorial infringement on joint defendants – a move that shifts the balance of power in favour of rights holders. Although a patent case, this judgment is applicable to infringement of all intellectual property rights.

(ii) It reiterates the strict approach the appellate court will take to appeals seeking to overturn findings of obviousness.

• It elaborates on the approach to be taken when interpreting the meaning of a common English word in a patent claim.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jonathan Radcliffe | Attorney Advertising

Written by:


Jonathan Radcliffe on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.