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.
- Icescape v Ice-World International BV et al  EWCA Civ 2219,  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 –  unreported Old Bailey – Decision on data access, jurisdiction and the corporate veil.
- Arsenal FC v Reed  EWHC 781 (Ch) – Construction of a court order in relation to trade mark rights and passing off.
- Fage v Chobani –  EWHC 3755 (Ch);  EWHC 3097 (Ch);  EWHC 298 (Ch);  EWHC 630 (Ch);  E.T.M.R. 28;  F.S.R. 32; (2013) 157(14) S.J.L.B. 31;  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?”
“Richard Kennedy and Robert Peake are particularly engaged with respect to deep knowledge of technical features. They are thought leaders and excellent communication and client care.” – Client Testimonial, Legal 500 UK – 2022