IPOsgoode and everyone involved in intellectual property law mourn the death from illness last week of Sir Henry Carr. After reading law at Oxford, Justice Carr went on to obtain his LL.M degree from the University of British Columbia, where he wrote a pioneering thesis on copyright in computer software under Professor David Vaver’s supervision.
Justice Carr’s passion for IP law pushed him to shape IP law in the UK in over 30 years at bar and bench. As a QC, Justice Carr led Zodiac to victory in 2013 against Virgin Atlantic before the UK Supreme Court, which overruled a century of case law to hold that damages were not payable for infringing a patent that had since been declared invalid in another lawsuit. Among the judgments he delivered in his four years on the bench was a landmark decision in a biosimilar dispute brought against AbbVie and a ruling just this year where he warned a trademark troll whom he held to be acting in bad faith that his activities would have consequences should he continue to pursue them.
IPosgoode was privileged to welcome Justice Carr to Osgoode Hall Law School many times. Last year, as part of IPOsgoode Speaks Series, Justice Carr delivered a memorable lecture titled: “IP and the Big Picture” in which he argued that IP practitioners and judges should always consider the “big picture”: like no man is an island, no area of law can be viewed in isolation, IP included.
Professor David Vaver said, “In Henry Carr, IP law has lost far too early not only a leading exponent of the law but also a man of great kindness, joy, and vision.”
Professor Pina D’Agostino, IPOsgoode Founder and Director, added “He was brilliant and humble and generous with his time. I remember him fondly from my Oxford days when he would volunteer his time to so many activities to most recently when we were fortunate to welcome him to speak at IP Osgoode. Henry Carr was a luminary in the IP field and leaves behind an impressive legacy for the global IP community.”