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

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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.

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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

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