Is the reputation of London's IP rulings under threat?

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

Is the reputation of London's IP rulings under threat?

If you want evidence that the UK’s IP courts are held in high regard, look no further than Samsung’s offer to the European Commission

Last year Europe’s antitrust watchdog informed the Korean company that its use of standard essential patents amounted, in its view, to an abuse of a dominant position. Now Samsung has responded with a series of offers to modify its behaviour.

One proposal would see the company promise not to seek injunctions in Europe using some of its SEPs as long as it used a specific process with would-be licensees to determine the proper FRAND royalty rate.

Working out royalty rates is notoriously tricky and many courts have been reluctant to help litigants thrash out the commercial details of licensing deals. But Samsung has proposed that court adjudication of any negotiations should be carried out by the High Court in London or by the UPC.

That’s a strong endorsement for the IP litigation system in England and Wales and for the judges who oversee it.

But is the reputation of the UK courts under threat? Managing IP has noted a trend towards allocating non-specialist IP judges to IP cases. In the last four months, for example, non-specialist judges have decided the high-profile trade mark disputes Assos v ASOS, BskyB v Microsoft and Mattel v Zynga.

Of course there’s a strong argument for having generalist judges: not least because they approach cases from a fresh perspective. But IP law is technical and growing ever more so.

The traditional view is that litigants dislike the cost of bringing an action before the London courts (all those pricey barristers and solicitors’ fees), but like the quality and fullness of its rulings. A comprehensive and well-reasoned ruling can deter appeals (saving the parties’ time and money). And a win in London can often force a settlement in multi-jurisdictional litigation.

It makes sense that the best decisions are made by judges with plenty of experience in the field. But London’s patent judges are increasingly tied up with smartphone litigation. Once the Unified Patent Court comes into effect, some of the UK’s IP judges may (although there’s no definitive view on this) find themselves in even greater demand. If they are, more non-specialist IP judges will be appointed to try disputes, particularly trade mark and copyright ones.

That could damage London’s reputation for high-quality IP rulings. The answer is appoint more specialist judges. One lawyer tells Managing IP that there is no shortage of candidates, but there is a shortage of money to pay for them, as budget cuts bite.

Such cost cutting could be short-sighted. English justice – particularly in IP – is an export business. Jeopardising it would be risky.

more from across site and SHARED ros bottom lb

More from across our site

This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
Gift this article