Intellectual Property Disputes
Intellectual Property assets are frequently seen as being amongst the most valuable assets of a business and as such the volume of disputes that have arisen in the field has grown substantially and the applicable area of law is frequently changing and often complex.
One of the biggest in the UK, our team is a highly respected provider of Intellectual Property Dispute Resolution services, acting for some of the largest companies in the world as well as for small and medium businesses. Many of our lawyers are ranked as leaders in the field and have experience of all relevant tribunals from the Intellectual Property Office through to the European Court of Justice.
Whilst our objective is often to resolve disputes with the minimum of fuss and costs, we also have a track record of acting in and winning the most complex IP disputes and creating substantial value for our clients. Many of the disputes that we work on have multi-jurisdictional aspects to them.
Our areas of expertise include:
- database rights
- trade marks
- trade secrets
- unfair competition
Service of a Claim Form by email – get it wrong at your peril27 March 2018
Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps. The fact that the claimant was unrepresented was of no assistance as the rules were clear leaving the claimant with an expired claim form and a claim likely to be statute barred.
When the clock strikes midnight there is no more time to go to court!08 March 2018
In Matthew & Ors v Sedman & Ors  EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight.
This is my advice. By the way, it might be wrong!05 March 2018
When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
Early Specific Disclosure Applications – factors the court will consider22 January 2018
A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
English courts and overseas defendants: jurisdiction challenges and the “two-fold test”15 January 2018
When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
Compulsory mediation?11 January 2018
In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.
Disclosure in English litigation: a sea change is coming09 January 2018
English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.