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Robert Peake

Partner, Solicitor

Partner, Rechtsanwalt

Associé, Solliciteur

合伙人, 律师

パートナー, 事務弁護士

파트너, 간청자

  • English (en)

Profile

Robert is a partner in our legal services team, focussing on intellectual property disputes. Robert is an English solicitor and qualified Canadian lawyer with over a decade of litigation experience, in particular in relation to patents, trade marks, and copyright, as well as broader commercial and regulatory disputes, often with multi-jurisdictional aspects.  Robert is fully bilingual, practising in English and in French, and holds degrees in common law and civil law.

In non contentious matters, Robert assists clients with commercial arrangements for the creation and exploitation of intellectual property rights, including development agreements, licences and assignments. Robert regularly advises start-ups and SMEs on preliminary aspects to development work, including the protection of confidential information and contractual arrangements with consultant inventors and other third parties. He also has experience of advising clients on marketing and promotional matters, including comparative advertising and the use of social media.

Robert also advises clients on a range of regulatory matters, data protection and cyber security compliance, as well as regulatory investigations. Robert regularly assists clients in navigating UK data protection laws, including the drafting of relevant policies and contractual arrangements such as data processing agreements, often with particular regard to international data transfer issues.

Robert has a keen interest in the regulation of new technologies, including artificial intelligence and machine learning; he completed his LLM at the London School of Economics, and has returned as a guest lecturer on the Cyberlaw master’s course.

Representative matters

  • Icescape v Ice-World International BV et al [2018] EWCA Civ 2219, [2017] EWHC 42 (Pat) – Court of Appeal’s first application of the Supreme Court’s approach to equivalence in Actavis v Eli Lilly; also concerning validity challenge on the grounds of priority, the person skilled in the art and common general knowledge, and threats of infringement proceedings under section 70 of the Patents Act.
  • Metropolitan Police v Smith, Blockchain Limited & Ors – [2016] unreported Old Bailey – Decision on data access, jurisdiction and the corporate veil.
  • Arsenal FC v Reed [2014] EWHC 781 (Ch) – Construction of a court order in relation to trade mark rights and passing off.
  • Fage v Chobani – [2012] EWHC 3755 (Ch); [2012] EWHC 3097 (Ch); [2013] EWHC 298 (Ch); [2013] EWHC 630 (Ch); [2013] E.T.M.R. 28; [2013] F.S.R. 32; (2013) 157(14) S.J.L.B. 31; [2014] EWCA Civ 5; – Extended passing-off case concerning the use of the term ‘Greek Yoghurt,’ including; permission for survey evidence, the scope of disclosure, and interim injunctions and undertakings.
  • Micromine v Alhambra & Komarnicki – 2015/16 unreported – Enforcement in the Alberta courts of an English judgment for breach of guarantee in a software licence.
  • GSI v Falkland Islands Government – SC/CIV/05/14 Falkland Islands – Copyright claim concerning seismic data and exploration licenses.
  • Grant v Torstar 2009 SCC 61; Quan v Cusson 2009 SCC 62 – Appeals in the Supreme Court of Canada resulting in the adoption in Canadian law of the defamation defence of responsible journalism in the public interest, following the Reynolds/Jameel line of cases in the House of Lords.

Selected speaking engagements

  • World Intellectual Property Forum (2021) – “The AI and Data Revolution – Data & Compliance – What do we need to know?”
  • Canada-UK Chamber of Commerce (2021) – “Digital Advertising: Key Considerations for Regulatory Compliance”
  • University of Surrey Workshop on Regulating AI (2019) – Panellist: Automation of Legal Services
  • Internet of Things Guildford Group (2018) – IP and Data Protection Considerations for IoT Devices
  • London School of Economics, Cyberlaw LLM class (2017) – “The Cost(s) of Third Party Enforcement”
  • Union IP meeting, Berlin (2014) – “3D Printing: What Will Tomorrow Bring?”
  • Burn before reading? Court of Appeal decision confirms the risks of receiving a competitor’s potentially confidential business information

  • Cabo v MGA – Toying with the idea of a single trial on liability and quantum in IP disputes?

  • Connected vehicles – new regulatory guidance highlights the importance of data protection laws in the design process

  • Data Blast: Company fined over €450,000 for delayed reporting of a data breach and much more…

  • Data Blast: French authorities find that a data processor is also liable for inadequate security leading to data breach and more…

  • Data Blast: Dating app Grindr faces fine of 10% of annual global turnover; ICO seeking answers from Facebook over sharing of WhatsApp data…

  • Data Blast: UK set to receive adequacy decisions by the European Commission; 2020 saw increase in GDPR fines and data breach notifications and more…

  • Data Blast: UK and EU agree to post-Brexit ‘grace period’ for data flows and much more…

  • Data Blast: Substantial fines for French supermarket for GDPR and cookie consent failings and more…

  • Data Blast: Apple faces questions around its tracking of users; Canada seeks to update its national privacy law and more…

  • Thinking outside the black box: explainable AI is coming into focus

  • Data Blast: ICO issues warning to data broking industry and much more…

  • Data Blast: BA data breach fine of £20 million a reminder that data compliance requires ongoing review & more…

  • Data Blast: H&M handed €35M fine for amassing intrusive employee files and much more…

  • Data Blast: Salesforce and Oracle face class actions; UK firm fined £130K for marketing calls and more…

  • Data Blast: Swiss-US Privacy Shield no longer adequate and more…

  • Data Blast: US takes aim at TikTok and Chinese video game makers and more…

  • English Court of Appeal provides guidance on the lawful use of automatic facial recognition technology

  • Data Blast: Cybersecurity a growing concern amid high profile breaches and more…

  • Data Blast: EU-US data transfers – Privacy Shield is invalid, Standard Contractual Clauses survive

  • Data Blast: UK Test and Trace scheme may face legal challenge and more…

  • Personal Data: What you need to think about before staff return to work

  • Data Blast: European regulator finds that UK-US data agreement may be a hurdle for post-Brexit data flows & more

  • Data Blast: German court rules on long running cookie case and more…

  • Data Blast: Social media firm fined over ‘invite a friend’ and more…

  • Data Blast: Dutch fine employer for fingerprint use, US considers a Health & Privacy Act and more…

  • UK & France update their guidance on Covid 19 for employers; UK ICO delays investigations & more…

  • Data brokers fined in France; Danish fine highlights importance of employee data training & more…

  • Data Blast: Covid-19 contact tracing updates on the plans from the UK, Australia, and California’s tech giants

  • Apple mobility data re Covid-19; Irish & Belgium Cookie Guidance and more…

  • NHS and technology partners develop Covid-19 Datastore

  • Data Blast: Apple & Google offer contact tracing, and Zoom updates including a bug bounty scheme….

  • Data Blast: Contacting tracing app for Covid-19 launching; UK ICO postpones fines to help business and more…

  • Data Blast: Zoom’s ads do you know the story?; Phone data in Covid-19 crisis; and more…

  • COVID-19: Remote Working and Data Security Considerations – Guidance for all

  • Data Blast Special – Morrisons wins Supreme Court Appeal

  • COVID19 and Data Protection

  • UK ICO gives Covid19 guidance, Cathay Pacific fined, Facebook suspends dating app and more…

  • Data Blast: European Commission says auto facial recognition not compliant and more…

  • Data Blast: Police need policing; Vegas hotel loses data and more…

  • Data Blast: Canadian privacy commissioner takes Facebook to court and more…

  • Data Blast: Dating app Grindr faces data sharing complaint; new cybersecurity guidance for medical devices…

  • Schrems 2 – An Opinion on the Validity of Standard Contractual Clauses

  • Data Blast: Germany issues €14.5 million fine for lax data security and more…

  • Designing for Compliance – Data Protection Considerations in the Development of AI

  • Data Blast: US-UK data agreement and more…

  • Data Blast: Facial recognition under review in the UK and more…

  • Data Blast: EU Commission survey results; New US Ombudsman and more…

  • Data Blast: New laws in Thailand and Maine…

  • Data Blast: UK Treasury missteps on biometric data…

  • Employers are liable for rogue employees causing data breaches

  • Brexit, AI in law enforcement, and US Privacy Shield under threat…the summer was not quiet

  • Inside IP Autumn Winter 2017

  • 3D printing – the real story

  • In Filmspeler, the CJEU signals a pragmatic approach to combatting online infringement

  • Inside IP Spring Summer 2017