Intellectual Property is a valuable asset for any business but its intangible nature means that Intellectual Property rights need to be protected, policed and enforced in order to maintain and exploit their value. Our lawyers work closely with clients across industry sectors to protect all types of Intellectual Property. Our clients are involved in diverse business from furniture design to the life sciences, in media, food, leisure, technology, fashion and in the creative arts.
Our Intellectual Property Disputes team are specialists in this field, advising on the protection and enforcement of Intellectual Property rights, disputes arising from commercial agreements, as well as defending IP infringement claims. We advise on the full range of Intellectual Property: patent, trade mark, copyright and design right disputes as well as the fast evolving fields of database rights and domain names. Our clients include those involved in the IT and tech and recruitment sectors, with claims frequently involving allegations of breach of confidence or theft of confidential information and copyright breaches.
By offering a City firm level of service, at boutique firm rates, our specialist IP team is well suited to bringing cases in the Intellectual Property and Enterprise Court (IPEC). Recent successes include acting on behalf of a national restaurant chain to obtain a summary judgement in IPEC for trade mark infringement, defending an injunction for trade mark and copyright infringement in the fashion sector and acting for a major national sandwich shop chain in successfully opposing a company name before the Company Names Tribunal.
On the transactional side, we regularly advise on Intellectual Property acquisition or licensing agreements, franchise agreements and IP Co-existence agreements. Clients range from companies in the life sciences sector to those involved with FMCG and the media, as well as many entrepreneurial individuals and insolvency practitioners.
Intellectual property litigation & dispute resolution
We have a proven track record across a breadth of Intellectual Property disputes, advising both claimants and defendants in the Courts, the IPO and the Company Names Tribunal. Many cases are resolved without recourse to the Courts, including by mediation or other forms of ADR.
Company Names Tribunal
Although not strictly an IP right, we also advise and assist with applications to the Company Names Tribunal, where clients are concerned that newly registered company names are too similar to their own company names. The Company Names Tribunal is based at the UK Intellectual Property Office and applications have similarities to trade mark and passing off actions.
Debenhams Ottaway is a member of Marques – the European association representing the interests of brand owners.