Scott Fairbairn

Scott is an associate specialising in both contentious and non-contentious intellectual property. Scott advises on a wide range of issues including enforcement of IP, transactional work and licensing. Scott has a scientific background and a keen interest in both the Lifesciences and Technology Media and Telecommunications sectors. Scott’s experience includes numerous patent validity and freedom to operate opinions, work on an Opposition to the grant of a patent at the European Patent Office, passing off, copyright and trade mark enforcement, and trade mark clearance and Opposition work. In 2008 Scott obtained a Post-Graduate Diploma in Intellectual Property Law and Practice from the University of Bristol.  Scott has enjoyed secondments to the Royal Mail Group for six months, working in the Group legal, IP and IT team where he managed a wide variety of IP, commercial and technology matters, to Novartis’ Oncology, Technology and Operations legal team in Basel, Switzerland, as well as to the Wellcome Trust’s Technology Transfer legal team in London.

Relevant experience:

• Advised a leading global pharmaceutical company on freedom to operate in relation to the development of new drug candidates and on the potential for invalidating a competitor’s patent.
• Worked closely with patent agents to assist a leading global pharmaceutical company to successfully oppose the grant of a competitor’s Patent at the European Patent Office.
• Assisted a leading global pharmaceutical company to perform extensive validity and freedom to operate opinions and review of licensing arrangements relating to key products in short periods of time in anticipation of proposed acquisitions.
• Acted for a consumer products manufacturer in respect of a patent revocation action in the High Court.
• Advised a US clothing retailer on enforcement of IP rights, including trade marks and passing off.
• Assisted a US clothing retailer in opposing the grant of a competitor’s trade mark at the trade mark registry. 
• Advised Royal Mail Group Ltd. on various matters relating to the enforcement of their trade marks.
• Advised an American sports equipment manufacturer on the enforcement of trade marks and drafted a co-existence settlement agreement. 
• Advised an Internet Service Provider on new proposals to prevent Peer-to-Peer file-sharing.
• Worked closely with an Internet Service Provider to provide consultation responses to successive Government consultations on proposed legislation to address Peer-to-Peer file-sharing.
• Advised a leading telecommunications company on advertising and marketing clearance issues. 
• Provided corporate transactional support, including patent and trade mark FTO opinions and review of IP warranties and disclosures.
• Member of the London Committee of the Society for Computers and Law.
• Author of numerous articles on P2P file-sharing, Digital Britain and latest developments in IP case-law. 
• Placed on a six-month secondment to the Royal Mail Group in their Group Legal, IP and IT team, dealing with a wide variety of IP, commercial and technology matters and gained experience of working closely with diverse business stakeholders, policy makers, other legal teams and external service providers.
• Seconded to Novartis in their Oncology, Technology and Operations legal team in Basel, Switzerland, dealing with a number of commercial and funding agreements, IP agreements. Also advised on commercial supplier negotiations.
• While on secondment to the Wellcome Trust, reviewed and modified a variety of funding agreements, convertible loan agreements, revenue sharing agreements, licences, royalty agreements, material transfer agreements, service agreements, confidentiality agreements and corporate documentation relating to spin-out companies and new investment rounds.