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: http://www.hogarthchambers.com/barristers
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
Designs
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
Patents
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
IT
Software contracts – minimizing the risk to the client
Software contracts – excluding and limiting liability
Software contracts and IPRs (cross over)
IT and competition law