Our team of IP solicitors and attorney litigators provide the full range of contentious and non-contentious IP legal services and support.

IP Dispute Resolution

We have for many years advised and assisted our clients on contentious issues relating to their intellectual property, often co-ordinating an opposition strategy, with litigation strategy, commonly in multiple jurisdictions. We strive to obtain commercial success for our clients whether in the form of either a beneficial settlement or final decision in the relevant national court or other tribunal. We can currently boast 8 of fewer than 100 patent or trade mark attorneys who are permitted to act as Patent or Trade Mark Litigators in the UK.  They are: Tim PowellPhilip ThomasMark DidmonHelen JohnstoneCaroline MarshallDarren MitchellSimon Curtis and Tony Proctor.
Indeed, our partner Tim Powell is one of less than 10 Patent Attorney Litigators in the UK who have also qualified as a Patent Attorney Advocate, granting rights of audience before the Supreme Court.

Reflecting our commitment to this area, we have now expanded our team to include senior, specialist IP solicitors, extending our service offering so that all aspects of IP litigation in any English court can be undertaken by a single team of Potter Clarkson experts. Nick McDonald, Richard RobertsMark Snelgrove and Oliver Laing are partners with the firm and are joined by senior associate, Holly Mitchell and associate, David Holt. Strong paralegal support is provided, enabling us to ensure that the right work is done at the right level to meet our clients' commercial expectations.
Many of our clients prefer to avoid legal disputes wherever possible, and to that end we utilise our wealth of litigation expertise to provide perceptive strategic advice to navigate this complex and specialist area.

When a dispute is commercially necessary, we can provide advice and assistance from a very early stage, on every aspect of the litigation process. Indeed, with the benefit of having such a wide-range of expertise under a single roof, we can quickly assemble bespoke and experienced legal and technical teams, who can react speedily and thoroughly to any issue at hand. 

 Our contentious specialisms include:

·         Expert opinions on all aspects of intellectual property litigation.
·         - Representation in the UKIPO and all English courts including, IPEC, High Court (including appeals from UKPO), Court of Appeal and Supreme Court.
·         - Representation in European venues: including EPO and EUIPO (the European Intellectual Property Office).
·         - Strategic advice, particularly in the context of high value disputes and commercial issues.
·         - Alternative Dispute Resolution, including Mediation and Arbitration.
·         - Emergency court relief: interim injunctions including proprietary and non-proprietary freezing orders, preservation orders and search and seize orders.
·         - Norwich Pharmacal and pre-action disclosure applications.
·         - Counterfeit and criminal IP enforcement, including via HMRC and Trading Standards.
·         - Domain Name dispute resolution services.
·         - Advice on breach of confidence, both in respect of trade secrets, ex-employee disputes, data-security breaches and to safeguard the privacy of the individual.

IP Commercial

We provide non-contentious legal advice and support for IP issues, including due diligence and recordal services.  All solicitors and attorneys are well placed to advise on any non-contentious IP issues likely to be relevant to our clients.

Our Non-Contentious Specialisms Include

Advising on and drafting:
·         - National and multi-jurisdictional co-existence agreements.
·         - IPR licences and agreements.
·         - Collaboration agreements.
·         - Supply agreements relating to IPR issues.
·         - Non-disclosure agreements.
·         - Miscellaneous commercial agreements relating to IPR issues.

Further, we provide design and copyright advice including in respect of musical, literary, dramatic and artistic works, including computer software, engineering drawings, maps and photographs. We also assist in establishing appropriate procedures for recording and marking copyright works.

Other legal support includes:

·         - Management and strategic use of intellectual property rights.
·         - Due diligence, including preparing reports for fundraising procedures (such as stock market listings) and assessing third-party IP rights prior to collaborations, mergers, acquisition or licensing.
·         - Drafting undertakings and agreements.
·         - Recordal of changes of name and assignments worldwide.
·         - Recordal of licences worldwide.