Guest post: Why evidence and experts matter

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Guest post: Why evidence and experts matter

“People in this country have had enough of experts,” declared UK minister Michael Gove earlier this month

Emma Barraclough
Emma Barraclough

The Leave campaigner was speaking during the EU referendum campaign, dismissing warnings from economists and international organisations about the likely impact of a vote for Brexit. “I’m not asking the public to trust me. I’m asking them to trust themselves,” he added. IP professionals may have their own view about the sagacity of Gove’s preference for trust in instinct over expertise. But away from the headlines in Westminster and Brussels, IP professionals may be heartened by the growing use of evidence and expertise to shape policy in intellectual property.

In the area of copyright, much of that is thanks to work being done by researchers at CREATe, a multidisciplinary UK Research Councils project to investigate the role of copyright law in digital change and the creative economy. They are working on a range of themes, from emerging business models, the role of intermediaries and platforms, user creation and behaviour, and copyright regulation and enforcement.

Among a long list of activities, CREATe academics have helped establish copyrightevidence.org and copyrightuser.org to add to the evidence base for copyright policymaking and better inform users and creators about their rights. They have worked their way through legal documents in the UK’s IP courts to reveal who is filing – and winning – copyright cases (shortly to be summarised in CREATe’s Copyright Litigation Explorer). And they have examined the role of intermediaries in negotiating copyright permissions, both in the UK and Asian markets.

Their work is doing much to reshape policy debates on copyright.

At the CREATe Festival in London last week, which brought together IP academics, lawyers, users and creators, writer Becky Hogge recounted an interview she had once conducted with Andrew Gowers, the former FT editor who reviewed the UK’s IP rules. Gowers told her that for too long IP had been a priesthood on the one hand and a lobbyists’ playground on the other: dominated by “quite funny men of a certain age in legal chambers” and by “well-organised and well-focused, articulate and well-financed” lobbyists who want more IP protection.

Now that is changing, said Hogge. “CREATe’s work has really enriched the policy space.”

That was echoed by another speaker at the CREATe Festival, Pirate Party MEP Julia Reda.

“Evidence cannot tell us what we ought to do, for that we will need values,” she said. “But evidence is all the more important if we want to work together across borders, to understand each other and to make responsible decisions in the common interest.”

Injecting more evidence into the debate on copyright helps ensure policy makers have a wide pool of information from which they can draw when formulating new laws and frameworks. In the rapidly changing area of digital technology, such information is vital.

Experts and evidence, many IP professionals will agree, can often be very useful. 

Emma Barraclough is an industry fellow at CREATe.

more from across site and SHARED ros bottom lb

More from across our site

Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Gift this article