Venner Shipley welcomes Brookes IP Read more
  • Great Britain
  • Germany
  • France
  • China
  • Souht Korea

Disputes

Our disputes team comprises solicitors, barristers, patent and trade mark attorneys with experience of litigating intellectual property disputes at all levels of court in the UK, and at the UKIPO and EUIPO.  If you have a patent or trade mark dispute, our combination of patent and trade mark attorneys alongside our solicitors and barristers ensure all aspects of the advice you need is available.

 “The firm has outstanding capabilities on both the contentious and non-contentious sides: unusually, it instructs a mixture of in-house barristers as well as solicitors alongside its well-drilled team of attorneys”
IAM Patent 1000

Our professionals make use of a range of experience including their past in-house expertise in order to deliver commercial solutions to our clients’ disputes, whether through formal proceedings or by alternative dispute resolution such as mediation or arbitration.  Our professionals have experience of advocacy in several jurisdictions, and at all levels of courts, so we can guide you in oppositions, court based disputes and all forms of alternative dispute resolution.

For advice on alternative dispute resolution from mediation to arbitration, we have amongst our professionals qualified and experienced arbitrators, mediators and tribunal chairmen. If you are facing a dispute, or want to assert your rights by way of arbitral proceedings, we are here to help.

What you need to know

Intellectual property rights have an intrinsic value to a business. If those rights are infringed, it is important to act quickly to assert, or if necessary, defend your rights.

How we can help

We advise on how to deal with suspected infringing activities or products, or with threatening letters received from a competitor. In some circumstances, issues such as these can be resolved quickly by engaging proactively with the other party. However, where matters escalate, we are able to provide practical and strategic advice both before and during any court proceedings that may result.

Our team includes barristers and solicitors, as well as patent and trade mark attorney litigators, all with first hand litigation experience both in the UK, Europe and the Americas. We are skilled at all types of dispute resolution including mediation, arbitration, opposition and litigation.

We represent our clients at all levels of the EPO and before the UK Intellectual Property Office. Our team of litigators also has experience representing clients before the Intellectual Property Enterprise Court (IPEC), the High Court, the Court of Appeal and the UK Supreme Court, as well as having experience before US and Canadian courts.

“Terrific team atmosphere” that makes Venner Shipley an ideal one-stop shop”

IAM Patent 1000

What kinds of disputes do we handle?

We assist clients from the very earliest stages of a potential dispute, to enable them to make the best decisions for their business, including:

  • Infringement and validity opinions for patents or trade marks;
  • Contractual analysis of your rights;
  • Advice on entitlement to intellectual property rights;
  • Enforcement and litigation strategy advice.

Examples of the range of our work:

Patents

  • Acting for the patentee in the High Court and Court of Appeal in a claim for unjustified threats, involving the first application of the Supreme Court’s approach to equivalents post-Actavis.
  • Defending against a patent entitlement claim brought via a derivative claim under the Companies Act.
  • Acting for a client in an entitlement dispute following a joint development project, to have a patent transferred to joint names.
  • Bringing infringement claims under medical device patents.
  • Defending a client from an alleged patent infringement in relation to retail interiors.
  • Technical areas that we have dealt with include; chemical, electronics, mechanical, medical devices, pharmaceuticals, and software.

Trade Marks

  • Enforcing a client’s registered marks for children’s entertainment against numerous competitors and public institutions, including the negotiation of settlement terms and co-existence agreements.
  • Acting for the claimant in a High Court trade mark infringement claim against a direct competitor, including an application to transfer into the IPEC.
  • Domain name disputes based on trade mark rights.
  • Overseeing global portfolios and enforcement of rights against infringers in the Americas, Asia and Europe.

Confidential Information

  • Obtaining an emergency injunction to restrain the release of software in breach of a confidentiality obligation.
  • Successfully stopping a confidential information breach in relation to the designs of a prototype automobile.

Copyright

  • Representing a client in a dispute with government over copyright in geological data.
  • Bringing infringement claims for copyright in video content.
  • Advising a film production studio in relation to copyright infringement by the estate of a deceased author.
  • Successfully acting for a client in response to copyright infringement and moral rights assertions by a world renowned artist.

Passing Off

  • Acting for a dairy products brand in the High Court and Court of Appeal in a claim for extended passing-off.
  • Bringing claims under passing-off for a variety of clients for misuse of their brands.

Intellectual Property Contracts

  • Advising SMEs on their contractual and regulatory terms, and joint development agreements.
  • Advising a US based client on the enforcement in multiple jurisdictions of a healthcare product manufacturing and distribution agreement for breach of warranties.
  • Advising clients on terms related to the supply of seeds where there are concerns about genetic modification.
  • James Tumbridge named 2021 Client Choice Award Winner by Lexology

  • Venner Shipley recognised in The Legal 500 2022 Rankings

  • Supreme Court rules on whether asserting an invalid patent is a tort of causing loss by unlawful means

  • 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?

  • One More Thing – Swatch takes a bite out of Apple

  • European Commission recommends that EU Member States reject the UK’s application to join the Lugano Convention

  • Inside IP Autumn Winter 2020

  • Venner Shipley makes partner promotion

  • Inside IP Spring Summer 2020

  • COVID-19