Annual Oxford International Intellectual Property Law Moot Competition 2021

As we close this years Moot we would like to take a moment to remember
Sir Henry Carr.

REMARKS OF PROFESSOR DAVID VAVER IN TRIBUTE TO SIR HENRY CARR

I want to say a few words about my former Masters student and long-time friend Sir Henry Carr who passed away on July 18 2019 after a persistent illness. He was just 61. I meant to say something about Henry at last year’s Moot but as you know that was cancelled because of the pandemic. I believe that Henry’s wife Jan, Lady Carr, is able to be present today. Many of you will know of the achievements of Henry Carr but many of you will not. He was one of Britain’s leading IP barristers who was a regular face in every court and tribunal in the UK and Europe that dealt with IP. He somehow also found time to pursue his lifelong interests in law reform and legal education. More than that, he loved literature and the theatre, he loved travel, he loved music (he even tried to get me to listen to Philip Glass – unsuccessfully), he loved his football team Liverpool, and most of all he loved his family – and for us who knew him, he himself was an easy person to love. So far as our Moot is concerned, Henry was an ardent supporter of it from its inception nearly 20 years ago. He participated in it as a judge over the years while he was a barrister, and after he took silk and become Queen’s Counsel, and after he became a judge of the Patents Court and Chancery Division of the High Court of Justice for England and Wales.

In a few short years Henry made his mark on the bench as a thoughtful and thorough judge in both IP and general Chancery cases. Henry was destined for a great judicial career had matters not turned out as they did. He even handed Donald Trump one of his rare legal victories, nothing to do with a trumped up case of voter fraud in Georgia, but rather a case where a trademark troll had tried to register “Trump Tv” as a mark in the UK. Henry had no trouble in tossing the troll and giving the Trademarks Office and genuine trademark owners plenty of ammunition to deal quickly with abusers of the IP system. Had he been alive, Henry would no doubt have sat today as a judge in the Grand Final of our Moot. He enjoyed judging and we enjoyed watching him judge – asking probing questions but always in a kindly manner and with a smile. He knew what an anxious time this was for the mooters and he was interested only in bringing out the best in them. Henry naturally took all his cases seriously. He was well known for the way he meticulously prepared for his appearances in court. That didn’t mean he couldn’t have some fun along the way.

A lawyer appearing against him in a complicated patent case once bet that Henry could not work the word “Merovingian” into his argument. As those of you familiar with ancient European history may know, Merovingian is the name of a dynasty of Frankish kings reigning in the 6th to 8th century, although not particularly known as being patent aficionados. As lunchtime drew near with no sign of the magic word, Henry suddenly closed his submissions to the judge by saying, “As Mrs Merovingian would say, is this a convenient moment to adjourn?” A bemused judge, with no doubt less knowledge of Frankish history than Henry’s, could only say “Yes.” Henry probably needed a bigger challenge than that – maybe “floccinaucinihilipilification”? But I wouldn’t have bet against him on that either. I should add that I do not recommend that method of advocacy to anyone else, at least not before they have been in practice for quite a few years. I ask that we pause for a few moments to commemorate a fine man and fine lawyer Sir Henry Carr, to signal our sadness in his not being here with us on an occasion that would have brought him and us great joy.