In today’s knowledge economy, where often the most substantial value of a business is based on its intangible assets and goodwill, intellectual property plays a key role in obtaining a competitive advantage. The right brands will win the hearts and minds of consumers and customers. The right patents will prevent others exploiting your inventions, or provide a substantial barrier to market access. Copyright, confidentiality and rights in designs also have a vital role to play. A cohesive IP strategy, including both commercialisation and enforcement, will ensure that maximum value is obtained from your IP portfolio. Our team understands your business needs and objectives and has worked with some of the best known brands, from banks to technology companies, pharmaceuticals to FMCG, to help them realise their commercial goals.

Our team has the experience and technical expertise to work with you to achieve the best results with your intellectual property. We pride ourselves on our commercial approach combined with in-depth industry knowledge. Our IP team works closely with all of our industry focus groups, but particularly those where IP rights play a crucial role, such as Lifesciences, Consumer Products and TMT. Many of our team has specialist post-graduate qualifications and a scientific or media background.

Our IP litigation team is highly regarded and has acted on a number of leading cases in The High Court, the Patents Court and Patents County Court, the Court of Appeal, the European Court of Justice and the Privy Council. Our non-contentious team has also a proven track record, advising on commercialisation of IP rights, franchising, distribution, licensing and M&A transactions.

We have helped shape the laws of IP in the UK and Europe, having been involved in several references to the European Court of Justice and provide thought leadership through our professional memberships and network, including in committees on the Law Society, International Trade Marks Association and various other industry groups.

Our team has particular expertise in large scale IP litigation and advisory work, including patents and trade marks and particularly those cases with a cross border background. A number of clients have also come to see the CMS IP team as a “one-stop-shop” for all of their IP needs and our CMS intellectual property alliance offers some of the best and brightest IP firms in Europe. We have offered a seamless and integrated approach for clients in co-ordinating pan-European solutions for their IP needs. We have also helped clients realise their strategic aims in the evolving economies of Eastern Europe. Together, we offer a European IP footprint that is second to none.

We play an important role in helping shape UK and European IP law through our participation in various professional associations. Our IP group also regularly acts for many types of organisations in the UK and across Central and Eastern Europe on a wide range of related work in the Banking & Finance, Consumer Products, Energy, Environment, Hotels & Leisure, Lifesciences, Insurance & Funds, Real Estate & Construction and TMT sectors.

Relevant experience includes advising on:

• Eli Lilly and Company in the leading trade mark parallel trade case in the High Court, Court of Appeal and the European Court of Justice
• The Wellcome Trust on IP and related issues associated with its Biobank project
• Microsoft in the protection and enforcement of Windows Vista
• CKX/Elvis Presley Enterprises on enforcement issues in Europe
• Research In Motion on a protection and enforcement program for the BLACKBERRY family of trade marks
• Takeda Pharmaceutical Company Limited in an opposition at the European Patent Office