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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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GDPR HR audit - map­ping out pro­ject suc­cess
The first step in any GDPR ac­tion plan should in­volve an audit of per­son­al data col­lec­ted and held by an or­gan­isa­tion, to map out how per­son­al data flows through their or­gan­isa­tion and sys­tems. Giv­en the sig­ni­fic­ant volume of per­son­al data held by an HR de­part­ment,.
Di­git­al Single Mar­ket: UK IPO con­sults on en­force­ment op­tions for...
The Gov­ern­ment has launched a con­sulta­tion on UK en­force­ment mech­an­isms for the new EU Reg­u­la­tion on the cross bor­der port­ab­il­ity of paid-for on­line con­tent, which comes in­to force on 1 April 2018. The con­sulta­tion sets out the Gov­ern­ment’s pro­pos­als on the.
Gambling Com­mis­sion in­vest­ig­ates on­line casi­nos
The UK Gambling Com­mis­sion (the “Com­mis­sion”) an­nounced last week that it has writ­ten to all on­line casino op­er­at­ors which it reg­u­lates rais­ing con­cerns about the op­er­at­ors’ ap­proach to anti-money laun­der­ing and so­cial re­spons­ib­il­ity.
GDPR: Data sub­ject rights
Data sub­jects have al­ways had the right to make sub­ject ac­cess re­quests, which we dis­cussed in a pre­vi­ous GDPR Bites­ize, click here to read. When the GDPR comes in­to force, data sub­jects will have ad­di­tion­al rights, which will have sig­ni­fic­ant prac­tic­al con­sequences.
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.
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.
ICO's Guide to the GDPR
Pri­or to the in­tro­duc­tion of the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (Reg­u­la­tion (EU) 2016/679) (“GDPR”) on 25 May 2018, the UK In­form­a­tion Com­mis­sion­er’s Of­fice (“ICO”) has pub­lished a Guide to the GDPR in or­der to ex­plain its pro­vi­sions and help or­gan­isa­tions.
Time to up­date your sub­ject ac­cess pro­ced­ures
The data sub­ject ac­cess re­quest (“DSAR”) has al­ways been a cent­ral pil­lar to data pro­tec­tion le­gis­la­tion, provid­ing in­di­vidu­als with a means of check­ing wheth­er their data is be­ing pro­cessed law­fully.
Get­ting to grips with Em­ploy­ee Data Pri­vacy No­tices
As part of GDPR com­pli­ance, data sub­jects need to have a very clear ex­plan­a­tion of how their in­form­a­tion is pro­cessed, in the form of a Data Pri­vacy No­tice (DPN) (some­times known as fair pro­cessing no­tices).
GDPR: Mov­ing away from con­sent
In the first of our GDPR Bites­ize series we dis­cuss a sig­ni­fic­ant is­sue for HR: the jus­ti­fic­a­tion for pro­cessing per­son­al data. Giv­en the huge volumes of per­son­al data that HR de­part­ments deal with, this is a par­tic­u­lar con­cern.
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.
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.
ASA Ad­ju­dic­a­tions Snap­shot – Ju­ly 2017
This sum­mary provides a se­lec­tion of Ju­ly’s most in­ter­est­ing ASA ad­ju­dic­a­tions and high­lights the key is­sues con­sidered in those rul­ings. This edi­tion fea­tures two dif­fer­ent com­plaints re­lat­ing to No. 1 claims, each with dif­fer­ing out­comes, as well as a num­ber.
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”.
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.
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”.
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.
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.