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The comprehensive guide to the world's leading tax firms

At-a-glance: Intellectual Property Office Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ, UK Tel: +44 1633 814000 Fax: +44 1633 817777 Email: enquiries@ipo.gov.uk Website: www.ipo.gov.uk Despite the downturn in many legal areas, I... [more]

Despite the downturn in many legal areas, IP lawyers in the UK have been busier than ever thanks mainly to the continued draw of the England & Wales courts. The courts' expertise – the judges are all former senior IP-specialist barristers – means they attract complex disputes in areas such as telecoms and pharmaceuticals, with trials that often last a week or more. The resulting work keeps an army of barristers, solicitors and patent attorneys occupied.

The courts' reputation has been enhanced recently thanks to greater efficiency and a perception that patents are more likely to be upheld than they were a few years ago. But the Jackson review on civil litigation found overwhelming support for the need to provide cheaper, quicker options. The result was new rules for the Patents County Court (PCC), which came into effect towards the end of 2011, together with a new judge, the former barrister Colin Birss QC. His aim is to offer parties in smaller disputes more of a German-style trial procedure, with a cap on damages and costs.

Meanwhile, the retirement of two of the leading judges – Lord Hoffmann at the House of Lords and Lord Justice Jacob in the Court of Appeal – means there are no IP specialists in those important courts now. Many practitioners will be looking with great interest at how they treat IP disputes that come their way. The new Supreme Court (which succeeds the House of Lords) heard its first copyright case in March 2011 and will hear at least three patent appeals before the end of the year.

The continued health of litigation work has tempted many firms to expand in that area, as corporate and banking work remains less predictable. That is also true of patent attorney firms, some of whom have seen prosecution work fall as clients reduce or simplify their filing strategies. While patent attorneys do not generally act in court, many are active in EPO oppositions and may want to try their hand in the new PCC. Perhaps buoyed by the implementation of the Legal Services Act, due later this year, there is also increased interest in building firms that comprise both solicitors and attorneys. The Act could also see new means of funding being made available for legal firms.

The result is that the UK is likely to continue to be one of the most dynamic IP markets in Europe, with new challenges always emerging. Copyright, for example, is generating novel work on issues as varied as computer software and sports fixture databases while the courts are grappling with guidance from Luxembourg on trade mark matters such as AdWords, functions and comparative advertising – and often having to incorporate continental ideas that are at odds with traditional British understanding.

In such an environment, it is not surprising that lateral partner moves are commonplace, with many firms looking to hire stars to build or enhance their IP practices. For several firms, the demise of US firm Howrey in early 2011, provided such an opportunity. The firm had invested heavily in the UK and, unlike on the continent, there is no primary successor firm: its partners have moved on to different homes.