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02 June 2011 / Thayne Forbes , Michael Edenborough KC
Issue: 7468 / Categories: Features , Intellectual property
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Intelligent litigation

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How can litigation be used to protect IP rights? Michael Edenborough QC & Thayne Forbes explain

IN BRIEF

  • Ensure you know the true value behind intangible assets, such as intellectual property, goodwill and brand value, before entering into a commercial deal.
  • IP’s role and prominence in business is mirrored by its role and prominence in litigation: valuation of IP is often a contentious issue. 
  • When defending the business value held in IP assets, the process used to assess litigation should not be any different to the process used before entering a new market, launching a new product or making an acquisition.

The role of intellectual property has become increasingly significant both in commercial transactions and disputes. IP rights are not only highly valuable but are also complex legally. Litigation is an important part of a commercial toolbox for managing IP rights to optimise their value, and there are many legitimate ways in which it is used.  

Role of IP in commercial deals

Many commercial deals involve IP to some

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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