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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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13 December 2016
CMS, Nabarro and Olswang confirm Practice and Sect...
10/01/2017
Platforms: regulators gotta catch ‘em all (TMC Conference 2016)
There are countless examples of digital innovation but, as is often the case, regulators are not always able to keep pace with the speed of such developments. Europe’s regulators are now heavily focused on how best to manage online platforms.
24/05/2016
CMS UK launches Brexit checklists
10/01/2017
Surveillance society: big data (TMC Conference 2016)
More data has been collected in the past two years than in the entire history of the human race and not even half of it has been analysed or used yet and while “big data” poses potentially huge opportunities there are fears it comes with significant risk.
Tomasz Koryzma
11/03/2015
CMS recognised by the World Trademark Review 1000
05/01/2017
Legal Committee of the European Parliament approves the Portabili...
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.
21/12/2016
ASA Adjudications Snapshot – November 2016
This summary provides a selection of November’s most interesting ASA adjudications and highlights the key issues considered in those rulings. In this month’s edition there is a recurring theme of responsible advertising, with five rulings examining the question.
21/12/2016
IP Snapshot – December 2016
Bringing you regular news of key developments in intellectual property law. PATENTS Napp Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories (UK) Ltd and another [2016] EWCA Civ 1053 The Court of Appeal has upheld the High Court’s construction of a claim.
08/12/2016
New CAP rules ban the advertising of high fat, salt and sugar foo...
The Committee of Advertising Practice (“CAP”) has today announced what it describes as ‘tough new rules’ banning the advertising of high fat, salt or sugar (“HFSS”) food or drink products in children’s media, following a lengthy consultation process which saw.
07/12/2016
New guidance on pricing practices published by the Chartered Trad...
On 7 December 2016 the Chartered Trading Standards Institute (“CTSI”) published its paper entitled ‘Guidance for Traders on Pricing Practices’, at the request of the Department of Business, Energy and Industrial Strategy (“BEIS”) and the Consumer Protection.
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 t...
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”.
29/11/2016
ASA Adjudications Snapshot - October 2016
This summary provides a selection of October’s most interesting ASA adjudications and highlights the key issues considered in those adjudications. One theme running through a number of decisions in this month’s summary is the distinction between responsible.
29/11/2016
IP Snapshot - November 2016 
Bringing you regular news of key developments in intellectual property law. TRADE MARKS August Storck KG v EUIPO, Case T-367/14 The EU General Court has partially annulled a decision of the Board of Appeal finding that use of a mark in connection with hard.
18/11/2016
No licence needed for the ‘public lending’ of digital copies of b...
The Court of Justice of the European Union (“CJEU”) in the VOB v. Stichting Leenrecht case (C-174/15) has recently provided some clarifications in relation to the rental and lending right covered by the Rental and Lending Directive (2006/115).
15/11/2016
Are dynamic IP addresses personal data? Europe’s highest court sa...
On 19 October 2016, the Court of Justice of the European Union (“CJEU”) issued its judgment in Patrick Breyer v. Bundesrepublik Deutschland. The case arose when Mr Breyer, a member of the German Pirate Party, challenged the storage of dynamic IP addresses.
10/11/2016
Appy Ever After? Scottish Courts consider the development of dati...
When will the law protect profits generated from an app, developed by friends? Last month, the Commercial Court of the Court of Session in Edinburgh issued its judgment on a dispute centred around the dating apps Wapo and Wapa, developed by three former friends.