Declaratory relief: don't be afraid to ask

Legal and practical context. Declaratory relief has the widestscope of any judicial remedy and its flexibility in providingguidance makes it the perfect judicial salve. Yet the remedyis under-used and receives little practitioner commentary. Key points. The Court's power to issue interim or final declarationsis discretionary. Furthermore, courts are more willing to grantan application for a declaration where there is a genuine dispute,in contrast with a purely theoretical issue. Specific statutoryprovisions for IP rights include declarations of non-infringementand unjustified threats. Intellectual property practitionersshould note that declaratory relief can be attractive becauseof its flexibility, efficiency and perception. It is less antagonisticthan a claim for damages. Conclusion. Declarations are a useful option for intellectualproperty practitioners. Although declaratory relief is commonlyregarded as a defensive measure, it can in reality be used asa "sword or a shield".