Intellectual Property

Over the last 25 years, we have advised companies of all sizes in all industries in relation to IP issues.

While the majority of our matters are too sensitive to be disclosed, the following are examples of the kind of matters in which we advise.

Case Study

We worked with a client with a novel membrane technology with multiple applications. For various reasons (primarily related to the difficulty of identifying infringers from the end product), our client did not wish to file patent applications in relation to the process by which the membranes were produced.

The client decided to seek a series of regulatory approvals for the use of the membrane as a medical device (or an IVD) in relation to a series of indications. Each of these indications would require a clinical investigation to gather the necessary clinical data. We helped the client with challenging discussions with regulators regarding the proper classification of the products. We also drafted and helped the client negotiate appropriate clinical trial and collaboration agreements.

We also devised an IP strategy which relied heavily on the protection of confidential information. We drafted consultancy agreements, services agreements, collaboration agreements and non-disclosure agreements with novel provisions addressing any unauthorised use of the information disclosed. In due course, we also helped the client negotiate and conclude various licence agreements and cross-licence agreements.

We were involved at all stages of the drafting of the General Data Protection Regulation including lobbying and attending sessions with legislators in Brussels. We were very proud to be instructed for this by the Wellcome Trust (the UK’s largest founder of Biomedical Research) and various patient groups.