Intellectual property
The rights that protect our clients’ innovations, creativity and brands are often their key assets and critical to retaining their competitive edge. They trust us to help them identify, protect and exploit these rights in an increasingly complex and challenging environment. At Browne Jacobson, we make the complex simple and focus on providing pragmatic advice that gets straight to the solution.
Our award-winning team of IP specialists across the UK and Ireland advise on the full range of rights from patents, confidential information and designs to trade marks and copyright. Our team is ranked by World Trademark Review, Managing Intellectual Property and IAM Patent 1000, Chambers and Legal 500.
We regularly negotiate high-value R&D agreements and complex licensing agreements and are known for taking on high stakes IP disputes for major corporates on a national and international scale.
Most IP rights are territorial in nature, and we’re well equipped to handle the international aspects of portfolio management, exploitation and enforcement. We can quickly and cost effectively instruct and co-ordinate foreign lawyers and IP attorneys through our close global relationships with patent and trade mark attorneys, and through Pangea Net, a non-exclusive, international network of independent law firms.
What we do
- Advise on IP strategy, protection and clearance - we help you to protect your investment and to secure or maintain a competitive advantage by advising on the identification, capturing, clearance and protection of your IP.
- IP transactions and licensing – we help you maximise the value of your IP assets through licensing and other IP agreements and ensure you get the best deal by guiding you through the negotiations.
- Dispute resolution – we help you to enforce and defend your IP rights through a range of services including infringement proceedings and interim injunction applications, mediation and alternative dispute resolution and opinion work.
Featured experience
A Ward Limited: patents
Successfully enforcing the patents of global bulk material handler, A Ward Limited, through the UK Intellectual Property Enterprise Court, deploying the then newly created UK doctrine of equivalents.
Cloud-based customer intelligence platform: in respect of a patent infringement and validity and breach of confidence
Advised the provider of a cloud-based customer intelligence platform in respect of a patent infringement and validity and breach of confidence dispute in which our client was the claimant. This involved a large number of complex issues surrounding infringement, validity, patentable subject matter and amendment of a software patent. A corresponding European Patent was being opposed in the EPO at the same time.
Match and Tinder: trade mark infringement
Assisted Match and Tinder to win at trial in their trade mark infringement proceedings against Muzmatch.
Wolverhampton FC: logo
Successfully defended Wolverhampton FC at trial in a High Court infringement claim concerning its iconic and longstanding wolf head logo.
Key contacts
Declan Cushley
Partner
Mark Daniels
Partner
Giles Parsons
Partner
Nick Smee
Partner
Bonita Trimmer
Consultant
Jeanne Kelly
Partner
Ciarán Markey
Partner
Testimonials
"A dynamic firm with a young, talented team who are already disrupting the echelons of well-established IP litigation firms in the UK."
"Browne Jacobson always goes the extra mile. It is practical, pragmatic, commercial and realistic in its support – whether it is a small query or a substantive matter, its work is always of the highest standard."
"The outfit tackles contentious and transactional mandates with equal aplomb, priding itself on its ability to manage cases in any technological area – software, the automotive field, sportswear and 3D printing all count among the industries it has worked within lately."
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Practical points from High Court ruling that Tesco has infringed Lidl’s IP rights in its famous yellow circle logo
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Knowledge exchange and intellectual property
Online Event
Register your interest to join our next Home Delivery Academy
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Browne Jacobson’s intellectual property lawyers ranked experts in World Trademark Review guide 2023
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Court of Appeal makes plea for legally enforceable arbitration for FRAND disputes
In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.
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AI generated designs on retail products
Every AI will have its own terms of use. DALL·E 2’s Terms of Use dated 3 November 2022 specify that as between a user and Open AI, a user owns their prompts and uploads. Open AI also assigns to the user all rights in any images generated by DALL·E 2 for that user (subject to the user complying with those Terms of Use, and to a licence to use inputs and output to develop and improve the services).
Published Article
Bruce Willis AI and the problem with deepfakes
A deepfake of Bruce Willis is advertising Russian mobile phones. Many great artistic and metaphysical questions are raised by this performance. However, this article is going to look at the intellectual property law implications, from a UK perspective.
On-Demand
NFTs and Smart Contracts - an in-house lawyers perspective
Press Release
Browne Jacobson’s IP experts shine silver in world’s leading trade mark lawyer rankings
Browne Jacobson’s national IP lawyers are celebrating after being ranked in the 2022 World Trademark Review (WTR) 1000 - the independent guide which recognises leading trade mark experts across key jurisdictions around the globe.
Opinion
Are whistleblowers entitled to keep their employer’s confidential documents?
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
Published Article
Tipping the balance: Assessing patent infringement
In July this year, four years to the month after its introduction into UK law in the Supreme Court’s seminal judgment in Actavis v Eli Lilly, the court handed down its latest decision applying the ‘doctrine of equivalents’.
Published Article
Court of Appeal upholds decision that AI machines cannot be ‘inventors’
The Court of Appeal has held that an AI machine cannot be named as the ‘inventor’ of a patent, because it is not a ‘natural person’, and is therefore also incapable of transferring the right in that patent to a person.
Press Release
Browne Jacobson's IP team celebrates UK rankings success in latest Legal 500
Browne Jacobson’s national IP team is celebrating after again securing Tier 1 rankings in the East and West Midlands region and maintaining its Tier 3 status in London in the latest edition of Legal 500.
Press Release
Reaction: Intellectual Property Enterprise Court judgment finds patent infringement based solely on equivalents
Reaction: Intellectual Property Enterprise Court judgment finds patent infringement based solely on equivalents
Legal Update
Health care apps – Part 1 of 2: Exploring the ins and outs of intellectual property (IP)
The adoption of smart technology solutions by the health and care sector has exploded in 2020. The pandemic has driven the sector to increase its use of smart phone technology solutions (“Apps”), an example of which is conducting video consultations and assessments.
Training
In-House Lawyers: Brexit, intellectual property and commercial contracts
Covid-19 and the challenges associated with it grind on into a second wave. Not only that but there’s the prospect of Brexit and a looming recession ahead. It would be entirely forgivable not to be on top of the law right now. Watch our on-demand video, where we have discussed Brexit and intellectual property and consumer and commercial law changes.
Guide
Brexit overview: intellectual property and Brexit
We can how help you understand the potential issues that any changes will have on your business.
Opinion
Sky’s overly broad trade marks narrowed as found partially invalid for bad faith
Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.
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Amazon not liable for merely storing third party’s infringing goods
At a time when Amazon is fielding large spikes in demand amidst the coronavirus pandemic, the online retail platform will welcome the ruling of the Court of Justice of the European Union (CJEU) received on 2 April 2020.
Legal Update
Domain names as IP rights
Training
How to commercialise your IP: licensing, spin outs and JVs
Our expert panel, comprised of IP and corporate law specialists, will be discussing IP commercialisation strategies, their benefits and pitfalls, drawing on experience across the private, public and higher education sectors.
Published Article
O/281/19 Revocation (Device Marks) – 23 May 2019
This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.
Training
Parallel Imports - what brand and IP owners need to know
Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.
Legal Update
“Utterly horrified” masters and “blatantly inadmissible” evidence
The sole result for a search on Westlaw for the phrase “utterly horrified” is an interesting decision from Mr Justice Arnold on June 12 2019 about evidence in passing off proceedings.
Legal Update
The Information Commissioners Office flexes its muscles: first fines under the GDPR
After much speculation about what the first fines issued by the Information Commissioners Office might be we have seen two significant statements of intention to fine in the same month
Training
Your employees, their future employers and your intellectual property
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators?
Press Release
Browne Jacobson's IP stars shine again with latest UK 2019 rankings
Browne Jacobson’s intellectual property practice has again been ranked in one of the world's leading guides to intellectual property (IP) firms and practitioners.
Opinion
Cyber risks – are businesses really ready?
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
Press Release
Browne Jacobson scores victory for Wolverhampton Wanderers over badge copyright claim
Browne Jacobson is delighted to have assisted Wolverhampton Wanders Football Club to successfully defend a copyright infringement claim made against it which relates to the club’s iconic wolf head design. The club has used this design as an element of its badge since 1979.
Training
State aid and IP in R&D agreements - hear from our panel of experts
As private businesses, public bodies and universities alike strive to gain a competitive advantage, each increasingly look to each other to develop next generation products and services.
Training
Hear from Mark Daniels and Helen Simm on privileged communications
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify issues relating to the disclosing of documents relevant to litigation, which may have to be disclosed if they are not privileged.
Press Release
Browne Jacobson's trade mark team recognised in latest WTR 1000 rankings
Press Release
Browne Jacobson duo named Intellectual Property Rising Stars
Two of Browne Jacobson’s intellectual property associates Nick Smee and Giles Parsons have been named ‘Rising Stars’ by leading IP publication Managing Intellectual Property.