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Hewitsons

SHAKESPEARE HOUSE, 42 NEWMARKET ROAD, CAMBRIDGE, CB5 8EP, ENGLAND
Tel:
Work 01223 461155
Fax:
Fax 01223 316511
DX:
133155 CAMBRIDGE 8
Email:
Web:
www.hewitsons.com

Mark Elmslie

Tel:
Work 01223 461155
Email:
Hewitsons

Work Department

Technology group.

Position

Head of the firm’s contentious intellectual property group; specialises in all forms of intellectual property litigation, including patents, designs, trade marks, passing off and branding, copyright, confidential information actions, and domain name disputes; represents clients across a range of industries, including fashion, packaging, computer games, medical technology, novelty toys and products, agriculture, household and garden products, and retail. He also acts, or has acted for, a number of patent and trade mark attorneys in defending claims of professional negligence. He has represented clients in substantial intellectual property cases both here and in Australia, including multinational litigation involving dual proceedings in the UK and US; represented defendants in the ‘One in a Million’ domain name litigation.

Career

Trained Robyn Croydon, Adelaide; qualified 1982; various positions, Adelaide and London 1983-1990; assistant, Pettman Smith, London 1990-95; assistant, Wilde Sapte, London 1995-97; partner, Finers Stephens Innocent 1997-2000; special counsel, Minter Ellison, Melbourne 2001-02; partner, Hewitsons 2002 to date. Publications include: ‘Passing off and Image Marketing in the UK’ (with Margaret Lewis, EIPR vol 4 issue 8, 1992); ‘Summary judgment in UK Copyright Cases: LA Gear v Hi-Tech Sports’ (EIPR vol 14 issue 11); ‘Disclosure requirements in UK litigation – the Ziff case’ (EIPR vol 15 issue 9); ‘The New UK Trade Marks Bill’ (EIPR vol 16 issue 3); ‘The One in a Million case – Opinion’ (Entertainment Law Review vol 11, 1998); ‘Threats Actions in UK Trade Mark Cases’ (Managing Intellectual Property, September 1999); ‘“Clarity Lost” The Arsenal and Reed case’ (Trademark World, February 2003); author (with Simon Portman of Hewitsons) of ‘Intellectual Property: The Lifeblood of Your Company’ (Chandos Publishing I, 2006). Authors the chapter on Infringement in the Community Trade Marks Handbook published by Sweet & Maxwell. Regularly writes and speaks on all aspects of intellectual property law, particularly litigation.

Education

Kings College, Adelaide; University of Adelaide (1981 LLB); University of London (1994 LLM).

Leisure

Family, music, swimming, reading, golf, wine.


East Anglia: TMT (technology, media and telecoms)

Intellectual property

Within: Intellectual property

At Hewitsons 'the level of service is exemplary, response time is excellent - especially if things are flagged as time-critical - and the level of understanding of our specialised business area is often astounding', according to one client. For a client base that includes SMEs, multinational companies and Cambridge colleges, the practice handles the international licensing of IP rights, contracts for the development of medical devices, and disputes including IP infringements on the internet. 'His depth of knowledge in the area of IP licensing is amazing and he has an uncanny knack of turning the complex into something extremely clear and straightforward', say clients of Bill Thatcher . The practice also calls upon litigator Mark Elmslie to handle contentious matters, which last year included a case for the British Institute of Interior Design concerning the use of its name. Head of technology Andrew Priest is also recommended.

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