The interplay between IP and competition law is a complex and challenging issue, often arising in the context of settlement agreements, FRAND (Fair, Reasonable and Non-Discriminatory) disputes and IP licensing matters.
Our experience in this complicated area is second to none. We routinely advise clients in relation to the competition law issues that can arise in IP / FRAND licensing disputes and have been involved in some of the highest profile cases dealing with the intersection of IP and competition law. In relation to FRAND licensing, for example, we have acted in many of the leading cases, including the seminal Unwired Planet v Huawei litigation, which went up to the UK Supreme Court.
We also have significant experience in considering the competition law pitfalls that can arise in the context of settlement agreements, and are adept at providing pragmatic and commercial advice on these issues.
Our experience and understanding of the pharmaceutical sector is well-established and widely recognised, not least because of our trail blazing track record in the field, and the unmatched scientific acumen of our lawyers in areas such as medicine, molecular biology, biochemistry and pharmacology.
The pharmaceutical industry is one of the world’s most heavily regulated sectors, and we have particular expertise on all facets of European medicine and regulatory law. Whether as part of patent life cycle management or to challenge the market entry of competitors, we understand the importance of developing an integrated strategy which takes the regulatory landscape into account. We are able to advise on an array of issues such as regulatory data and data exclusivity; market authorisation; alternative routes to product approval and Supplementary Protection Certificates, an area where our experience is a standout in the industry.
An essential step in bringing a product to market for the first time – or indeed for extending its reach around the globe – is ensuring a true understanding of the IP landscape and obtaining freedom to operate. It is critical to have a clear picture of exactly what risks may be lurking around the corner when it comes to product launch and the potential for IP infringement.
We have particular experience advising in technically complex fields, capitalising on our blend of top-flight legal expertise and strong technical backgrounds.
If blocking IP rights are identified we are able to advise on the potential risk and mitigation factors, including the option of “clearing the way” strategies, either by way of litigation or licensing approaches, for example.
We frequently advise clients on freedom to operate in relation to pharma and biotech products, assessing third party patents, and regulatory time lines, to devise clearing the way strategies in advance of product launch.
In addition to our distinguished and internationally recognised litigation and dispute resolution practice, we also provide clients with strategic advice and practical, commercial insight on the full spectrum of IP-related issues and opportunities.
More specifically, we are able to deliver co-ordinated strategies to resolve issues regarding freedom to operate; provide thorough IP due diligence; and robust IP opinions; navigate pharmaceutical regulatory law; and resolve licensing and IP related competition disputes, particularly those relating to FRAND licensing.
With many of our lawyers boasting scientific or technical qualifications in fields ranging from molecular biology to computer engineering, we are able to blend legal, technical and commercial insight when advising clients.
