IP Disputes
  1. IP Disputes

    One of our most important roles is helping clients to avoid IP disputes. However, when they do arise, finding the quickest and most cost effective way to achieve the desired outcome is our priority.

    Our IP team has extensive experience in all forms of IP litigation and alternative dispute resolution, having advised clients in the Intellectual Property Enterprise Court (IPEC), High Court, Court of Appeal, House of Lords and the Copyright Tribunal. We regularly help clients coordinate litigation in multiple jurisdictions and parallel proceedings before the EPO, UKIPO or EUIPO.

    The changing litigation landscape and ongoing developments in the area of litigation costs and funding present further challenges to clients, and we regularly advise on these issues. We have worked with many of the leading litigation funders and after the event (ATE) insurance providers in the UK. We are also prepared to act under conditional fee agreements in appropriate cases.

    Our team have been involved in some of the landmark IP cases of the last 15 years.

     

  2. Our experience

    • Representing a household-name global electronics company in three trade mark infringement disputes concerning the legality of modified parallel imports and the application of the “BMS conditions” in circumstances where branded electronic goods put on the market in the EEA have been repackaged and modified for onward resale to consumers in the UK.
    • Advising a major pharmaceutical company in relation to the disclosure of certain documents relevant to the ongoing proceedings between the Secretary of State for Health and Servier Laboratories Ltd. The litigation concerns a “pay for delay” agreement in relation to a drug for the treatment of heart failure, known as Perindopril.
    • Obtaining an interim injunction on behalf of a global tobacco company against a UK company that was offering counterfeit vape products for sale before their official launch in the UK. Tom Lingard appeared as solicitor advocate on behalf of the client.
    • Representing UK aircraft seating company Acro in a patent infringement dispute against Recaro Aircraft Seating GmbH. The case concerned the alleged infringement of a family of patents for a passenger aircraft seat and involved infringement and invalidity proceedings in Germany, as well as parallel claims in the UK and US.
    • Acting for Casino de Monte Carlo in Monaco in relation to trade mark infringement and passing off proceedings against MonteCarlo Limited, an online gambling business based in Alderney in the Channel Islands
    • Representing a listed international food producer in an interim injunction application and subsequent High Court proceedings for breach of confidence against a European food company. The claim concerned the alleged misuse of confidential information in secret recipes and food processing techniques.
    • Acting for the owner of a technology standard for subscription-based TV services in High Court proceedings against a German company, in a claim involving infringement of licence terms and circumvention of technical devices applied to copyright works under s.296ZD of the Copyright Designs and Patents Act 1988.
    • Bringing proceedings for declaratory relief in the High Court on behalf of a major UK petrochemical company against a design agency, concerning copyright ownership in a business logo.
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  3. News

    Articles

    NIP Problems in the bud

    Copyright in designs

    Music venues beware

    Trade marks - the colour purple

    Publications

    The In-House Track - first issue!

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