Gwilym Harbottle & members of Hogarth Chambers

/Gwilym Harbottle & members of Hogarth Chambers
Gwilym Harbottle & members of Hogarth Chambers 2017-11-11T03:44:39+00:00

Most of Gwilym Harbottle’s practice is in IP and Media and Entertainment. His IP practice covers copyright (a particular expertise), trade marks and similar rights, designs and data protection. He draws on both his IP and his Chancery/Commercial expertise when acting in Media and Entertainment disputes.

He has advised and represented many of the leading copyright collecting societies and major brand owners, with a particular emphasis on enforcement (including criminal enforcement) and committal applications.

He has extensive experience in High Court and IPEC litigation but has also been instructed in the Copyright Tribunal, as an expert witness on UK copyright law and by trade bodies to advise on proposed and new legislative developments.

He is an editor of Copinger on Copyright (17th edn) published March 2016.

Other members of Hogarth Chambers biographical details can be viewed here:

Examples of Subject areas

Gwilym and his colleagues are available to deliver training on the following topics:

Copyright and similar rights

 EU digital single market agenda: what changes can we expect before Brexit?

 Orphan works and extended collective licensing: the first two years

 New permitted acts: quotation, parody

 Communication to the public: has the law settled down?

 Financial remedies including additional, aggravated and moral prejudice damages

 The copyright penumbra: database right, moral rights and rights in performances

 Blocking injunctions and intermediary liability in copyright cases


 Determining the scope of a registered design

 The repeal of s. 52 CDPA 1988: what does it mean?

 Infringement update

Trade marks

 An introduction to trade marks

 An introduction to passing off

 Trade mark registrations at the UK IPO and the EUIPO

 A trade mark action in the IPEC (This could of course simply become an IPEC talk

more generally)

 Blocking injunctions & Cartier (Could be a general talk or have a trade mark focus)

 Recent developments in trade mark law

 Non-traditional trade marks, e.g. shapes, positional marks, colours etc.

 Genuine use of a trade mark

 Parallel Imports


 Recent developments in damages and remedies for patent claims.

 Plausibility and obviousness in patents.

 Experts, common general knowledge and the role of the Court after British Gas.

 Second medical uses: the Lyrica case.

 Plausibility, added matter and sufficiency – three sides of the same coin?

 Negotiation of contracts and disputes – the mediator’s perspective

 Protecting shapes: design and trade marks

 Software contracts – minimizing the risk for your client

 Software contracts and IPRs

Privacy and confidential information

 Springboard injunctions v permanent injunctions after Kerry Ingredients


EWHC 2448 (Ch)

 Damages – embodied products v. derived products in the light of Vestergaard

 Theft / misuse of confidential information by ex-employees

 Privacy interim injunctions after PJS v. Newsgroup Corporation [2016] UKSC 26 and

the Pippa Middleton decisions

General IP

 IP Licences: Pitfalls and Tripwires

 Online IPR infringement and jurisdiction

 Introduction to IP and the European Union

 Online piracy – how to win the battle

 Financial remedies for infringement of IPRs

 Torpedos and Minefields – EU Unitary Rights.

 IP and Brexit.

 Parallel imports and IPRs: Everything You Need Know

 Employees, Confidential Information and Restrictive Covenants


 Software contracts – minimizing the risk to the client

 Software contracts – excluding and limiting liability

 Software contracts and IPRs (cross over)

 IT and competition law