Maitland offers expertise in copyright, trade mark law and passing off, and breach of confidence, with our barristers providing the highest quality advice and advocacy in pure intellectual property cases and cases in which intellectual property rights form part of a wider multi-disciplinary dispute.
Our barristers have acted regularly in the High Court, including in the Intellectual Property Enterprise Court (IPEC), the Court of Appeal and the Supreme Court in recent years, as well as appearing in the Copyright Tribunal in copyright licensing arbitrations, and in trade mark proceedings before the UK Intellectual Property Office tribunals.
Our copyright expertise covers traditional plagiarism claims by or against artists and writers and extends to widescale online infringement. In particular, our barristers have been involved in some of the leading recent disputes concerning internet piracy and the development of the English court’s blocking order jurisdiction. We have also played a leading role in cases concerning the right of communication to the public. In the music industry, we are frequently instructed by the major record labels, music publishers, national and international trade bodies and collecting societies as well as by recording artists and songwriters. We have also provided advice and representation across a range of the other fields, including film and TV rights, book publishing, newspapers and computer software.
In addition to infringement claims, we provide a great depth of experience in copyright licensing, including the operation of collective management organisations. The involvement of members in Copyright Tribunal references and related arbitrations over many years enables us to offer an informed and profound understanding of the economics and commercial realities of the creative industries.
Similarly, our barristers’ commercial expertise means they are well-positioned to take on trade mark licensing disputes, as well as those which purely concern trade mark infringement and passing off.
Barristers are also especially well-placed to act in intellectual property matters which demand expertise in company and partnership law, civil fraud, and/or insolvency, given Maitland’s leading capability in these areas.