18th May 2016
...of their clients.
One of the idiosyncrasies of IP law is that the very act of accusing someone of infringement can itself open both client and lawyer up to counter-liability, unless they can show the allegations were not “groundless”. It’s not a point that’s often taken, but it can put serious strain on the relationship between lawyer and client and can result in disputes being prolonged unnecessarily.
The Intellectual Property (Unjustified Threats) Bill, announced today in the Queen’s Speech, adopts the Law Commission’s recommended changes in an attempt to make it easier for businesses to settle IP disputes and to avoid litigation.