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Intellectual Property

United Kingdom

In today’s knowledge economy, where often the most substantial value of a business is based on its intangible assets and goodwill, intellectual property plays a key role in obtaining a competitive advantage. The right brands will win the hearts and minds of consumers and customers. The right patents will prevent others exploiting your inventions, or provide a substantial barrier to market access. Copyright, confidentiality and rights in designs also have a vital role to play.

A cohesive IP strategy, including both commercialisation and enforcement, will ensure that maximum value is obtained from your IP portfolio. Our team understands your business needs and objectives and has worked with some of the world’s best known brands. Our clients include organisations from banks to technology companies, pharmaceuticals to FMCG, and we help them realise their commercial goals.

We advise on all aspects of commercial IP assets, including finding the best strategy for the creation, identification, registration and capture of assets, their realisation through commercial agreements and licensing, and their protection and enforcement through litigation and other dispute resolution.

I am very pleased with their work because they are able to provide timely, business-oriented advice, and have a good understanding of our business and the market in which we operate.
Chambers UK, 2016

Your IP strategy should support your commercial activities. We work with clients to complete strategic reviews of IP commercialisation. 

We also advise on IP enforcement at all levels of UK courts (civil and criminal), OHIM, the CJEU and beyond in multi-jurisdictional disputes. Costs can quickly escalate in litigation, so project management is key to our service, driving forward cases, narrowing issues, and managing other service providers.

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Law-Now: In­tel­lec­tu­al Prop­erty
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28/03/2018
Brexit up­date on In­tel­lec­tu­al Prop­erty Rights -Draft With­draw­al Agree­ment
On 20 March 2018 the UK and EU Com­mis­sion pub­lished the draft With­draw­al Agree­ment (here), which re­flects the cur­rent status of Brexit ne­go­ti­ations between the UK and the EU. The text of the Agree­ment has been col­our-coded to show: (1) agreed terms that are.
26/03/2018
McHardy with­draws in­junc­tion re­quest – Is this a vic­tory for open...
After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.
13/02/2018
GDPR: ma­jor im­pact on hotel in­dustry
In a de­vel­op­ment that is ex­pec­ted to re­ver­ber­ate across the hotel in­dustry of the Neth­er­lands and EU, the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR) is sched­uled to come in­to force on 25 May 2018. The GDPR was de­signed to strengthen pri­vacy rules, pro­tect the.
23/01/2018
Brus­sels Court of Ap­peal de­cides that Aldi’s Buval Pils­ner does not...
  In a de­cision of 12 Decem­ber 2017 the Brus­sels Court of Ap­peal over­turned the first in­stance de­cision and de­cided that Aldi’s Buval beer does not in­fringe In­Bev’s trade­mark and is in fact not con­trary to fair com­mer­cial prac­tices.
07/12/2017
CJEU strengthens sup­pli­ers of lux­ury goods – their third-party plat­form...
In a land­mark judg­ment of 6 Decem­ber 2017 (C-230/16 – Coty Ger­many), the Court of Justice of the European Uni­on (CJEU) has put a pre­lim­in­ary end to the dis­cus­sions on an­ti­trust is­sues con­cern­ing third-party plat­form bans for lux­ury goods - es­sen­tially provid­ing.
30/11/2017
EU is­sues draft guid­ance on data breach hand­ling
A data breach is a breach of se­cur­ity lead­ing to any ac­ci­dent­al or un­law­ful de­struc­tion/loss/dis­clos­ure of or ac­cess to any per­son­al data, pos­sibly re­quir­ing no­ti­fic­a­tion to the DPA or the af­fected data sub­jects.
30/10/2017
What next for in­ter­na­tion­al data trans­fers?
Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on (the “CJEU”), ask­ing wheth­er stand­ard data pro­tec­tion clauses (“stand­ard clauses”) are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
14/09/2017
EU-US Pri­vacy Shield un­der High Scru­tiny
On 18 Septem­ber 2017, US Sec­ret­ary of Com­merce Wil­bur Ross and European Com­mis­sion­er Vĕra Jour­ova will launch the first an­nu­al re­view of the EU-US Pri­vacy Shield agree­ment (“Pri­vacy Shield”). The re­view will be a two-day ex­er­cise where European Com­mis­sion rep­res­ent­at­ives.
30/08/2017
The leg­al and reg­u­lat­ory chal­lenges of get­ting a bi­osim­il­ar product...
After a pharma view on bi­osim­il­ars was provided in the pre­vi­ous Ex­pert View column, a leg­al per­spect­ive is provided by Nick Beck­ett, man­aging part­ner at CMS Beijing and glob­al co-head of the firm­'s lifes­ci­ences sec­tor group.
13/07/2017
A (Bel­gian) reg­u­lat­or’s take on what in­form­a­tion to in­clude in re­cords...
On 14 June 2017, the Com­mis­sion for the Pro­tec­tion of Pri­vacy (“Pri­vacy Com­mis­sion”), Bel­gi­um’s data pro­tec­tion agency, pub­lished a re­com­mend­a­tion on re­cords of pro­cessing activ­it­ies (FR/NL).   From 25 May 2018, or­gan­isa­tions pro­cessing per­son­al data with­in.
10/07/2017
GDPR ques­tion­naire: 50 ques­tions to identi­fy if your busi­ness is ready
The Bav­ari­an Data Pro­tec­tion Au­thor­ity re­leased a GDPR im­ple­ment­a­tion ques­tion­naire 12 months be­fore the GDPR ap­plies to busi­nesses in Europe. On 25 May 2017, 12 months be­fore the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) ap­plies to busi­nesses through­out.
28/03/2017
On the road to autonom­ous vehicles
Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
03/02/2017
Does Trump’s Ex­ec­ut­ive Or­der threaten EU-US data trans­fers?
On Janu­ary 25th 2017 US Pres­id­ent Don­ald J. Trump ad­op­ted an Ex­ec­ut­ive Or­der titled “En­han­cing Pub­lic Safety in the In­teri­or of the United States”. The Ex­ec­ut­ive Or­der mainly fo­cuses on strength­en­ing im­mig­ra­tion en­force­ment.
05/01/2017
Leg­al Com­mit­tee of the European Par­lia­ment ap­proves the Port­ab­il­ity...
On 29 Novem­ber 2016, the Leg­al Com­mit­tee of the European Par­lia­ment ap­proved the reg­u­la­tion on “en­sur­ing the cross-bor­der port­ab­il­ity of on­line con­tent ser­vices” (the “Port­ab­il­ity Reg­u­la­tion”). So far, the Port­ab­il­ity Reg­u­la­tion is the only re­main­ing pro­vi­sion.
05/12/2016
ABS Reg­u­la­tion - Draft Bi­otech Sec­tor Stake­hold­er Guid­ance
Views are be­ing sought from in­ter­ested stake­hold­ers on European guid­ance for the bi­o­tech­no­logy sec­tor con­cern­ing the EU’s ac­cess to ge­net­ic re­sources and shar­ing of be­ne­fits from util­isa­tion le­gis­la­tion – namely the ABS Reg­u­la­tion.
01/12/2016
BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
30/11/2016
The CJEU de­term­ines scope of im­pli­cit con­sent of au­thors to use their...
Earli­er this month the Court of Justice of the EU (“CJEU”) has rendered a de­cision in the Marc Souli­er, Sara Dokes v. Premi­er Min­istre, Min­istre de la Cul­ture et de la Com­mu­nic­a­tion case (C-301/15), whereby it scru­tin­ized the French “Code de la Pro­priété In­tel­lec­tuelle”.