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27 June 2013 / David Hertzell
Issue: 7566 / Categories: Opinion , Intellectual property
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Beating the bullies

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David Hertzell & Julia Jarzabkowski aim to fend off groundless IP threats

Intellectual property rights are valuable and support economic growth by encouraging and rewarding innovation. For many businesses, patents, trade marks and design rights can be among their most important assets. Their worth, however, is undermined through unauthorised use and so a robust response to infringement makes good business sense. But threats to sue can be misused. A threat may be made, not with the intention of protecting an IP right, but as a means to damage a competitor.

Threats of infringement proceedings have a pernicious effect because IP litigation can be complex, disruptive and expensive, as the global battle between Apple and Samsung confirms. If a threat is made to the trade source of an infringement, such as a manufacturer or importer, they may be more likely to stand their ground as they may have more invested in the product or process. That isn’t the case with retailers or customers. If threatened, the mere prospect of litigation can be enough to change their

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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