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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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