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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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1 May 2017
CMS, Nabarro and Olswang com­plete largest ever mer­ger...
Cre­at­ing a new fu­ture-fa­cing firm
The Data Pro­tec­tion Bill: a state­ment of in­tent
On 7 Au­gust, the UK gov­ern­ment re­leased its state­ment of in­tent, which set out its pro­pos­als for a Data Pro­tec­tion Bill (the “Bill”) to re­place the Data Pro­tec­tion Act 1998 (“DPA”) and “bring data pro­tec­tion laws in the UK up to date”.
16 February 2017
Olswang leads in ad­vising Tim Hincks and Peter Fin­cham...
Data pro­tec­tion and ex­ams: does an ex­am script con­sti­tute per­son­al...
Ad­voc­ate Gen­er­al Kokott (“AG”) of the Court of Justice of the European Uni­on (“CJEU”) has re­cently de­livered an Opin­ion, in Case C-434/16 Peter Nowak v Data Pro­tec­tion Com­mis­sion­er, that states that a hand­writ­ten ex­am script, cap­able of be­ing at­trib­uted to.
13 December 2016
CMS, Nabarro and Olswang con­firm Prac­tice and Sec­tor...
Ro­bot­ic pro­cess auto­ma­tion - un­der­stand­ing the leg­al is­sues
Quite simply, Ro­bot­ic Pro­cess Auto­ma­tion (RPA) is soft­ware which mim­ics and re­places com­puter fa­cing work which is or can be done by hu­mans. Think of it is a “di­git­al work­force”. RPA is be­com­ing pop­u­lar and is see­ing huge growth; par­tic­u­larly in or­gan­isa­tions.
10 October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
ASA Ad­ju­dic­a­tions Snap­shot – May & June 2017
This sum­mary provides a se­lec­tion of May and June’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This edi­tion fea­tures an­oth­er ad­ju­dic­a­tion con­cern­ing an ad­vert by Pro­tein World Ltd that at­trac­ted a lot of me­dia.
10 October 2016
CMS, Nabarro and Olswang com­bine to cre­ate 6th largest...
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.
15 September 2016
Olswang's status as a lead­ing TMT firm again ac­know­ledged...
Re­sponses to the European Com­mis­sion con­sulta­tion on FinTech: com­mon...
The European Com­mis­sion (the “EC”) has pub­lished the re­sponses to its pub­lic con­sulta­tion on FinTech (we ori­gin­ally re­por­ted on the con­sulta­tion on 23 March 2017). A total of 226 re­sponses were re­ceived from a num­ber of or­gan­isa­tions span­ning sev­er­al sec­tors.
13 September 2016
Olswang ex­pands Asia-Pa­cific pres­ence to Korea
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.
15 August 2016
Olswang ad­vises in­die pro­duc­tion com­pany 72 Films on...
Stricter rules pro­hib­it­ing the sexu­al­isa­tion of un­der-18s in ad­vert­ising
Last week saw the an­nounce­ment that BCAP and CAP, the reg­u­lat­ory bod­ies over­see­ing broad­cast and non-broad­cast ad­vert­ising re­spect­ively, are in­tro­du­cing stricter rules pro­hib­it­ing the sexu­al por­tray­al or sexu­al rep­res­ent­a­tion of un­der-18s and those who ap­pear.
10 August 2016
Olswang ad­vises on Min­istry of Sound Re­cord­ing­s' ac­quis­i­tion...
Prac­tic­al steps to take if you don’t Wan­naC­ry
Earli­er this month a large-scale cy­ber­at­tack af­fected hun­dreds of thou­sands of com­puters through­out the world. The NHS was the UK’s highest pro­file cas­u­alty and faced cri­ti­cism of its cy­ber-se­cur­ity prac­tices in the af­ter­math of the at­tack.