Intellectual Property Disputes

Intellectual Property Disputes

Our highly regarded IP disputes group operates across the broadest possible spectrum. Set up over 20 years ago, lawyers in the group have acted in some of the most significant and influential IP disputes of recent years. We are one of a select group of firms to have taken both patent (supplementary protection certificates) and trade mark cases to the Court of Justice of the European Union, with successful outcomes for our clients on each occasion. Our experience is wide and varied, ranging from cross-border patent revocation and infringement actions through to trade marks, designs and copyright litigation involving household brands, famous designs and celebrated artistic works, films and broadcasts.

Our IP disputes group is especially well known for its range of expertise in the field of enforcement. Our lawyers have secured and enforced countless search and seizure orders; we advise on and secure blocking injunctions for our rights holder clients, we secured the first ever blocking injunction based upon rights in technical protection measures in Nintendo v. BT and others; our anti-counterfeiting and grey market credentials run deep – we routinely secure customs seizures and civil injunctions to cut off infringing imports at source; and, as one of the very few IP teams with in-house criminal prosecutors, we have successfully undertaken private prosecutions where our clients have been the victims of IP crime.

We have been in the vanguard when it comes to affirmative recovery and litigation funding. We have market-leading experience in identifying and investigating infringing supply chains, shutting them down and securing significant damages payment through settlement or court orders. Our affirmative recovery solution, Mishcon Tulip®, has helped us to recover millions of pounds for our clients over recent years. We have considerable experience of procuring and securing litigation funding for both claimants and defendants through our established relationships with the funding community, allowing our clients to pursue or defend claims off balance sheet.

 

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