The Legal 500

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.

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Legal Developments worldwide

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  • China Drug Registration Regulation - Public consultation on amendment closes - March 2014

    In February 2014, the China Food and Drug Administration (“CFDA”) invited second-round comments from the public regarding proposed amendments to the China Drug Registration Regulations (“DRR”). One of the proposed amendments touches upon patent protection for drugs in China.
  • Revised NDRC Measures for Approval and Filing of Outbound Investment Projects - April 2014

    The National Development and Reform Commission ( NDRC ) released a new set of Management Measures for Approval and Filing of Outbound Investment Projects ( 境外投资项目核准和备案管理办法) ( New Measures ) on 8 April 2014. The New Measures take effect on 8 May 2014 and will replace the Interim Management Measures for Approval of Outbound Investment Projects ( 境外投资项目核准暂行管理办法) ( Original Measures ) which have been in force since 9 October 2004.
  • Insurance Update - CIRC Issues Insurance M&A Measures: What are the impacts and applications?

    On 21 March 2014, CIRC issued the Administrative Measures on the Acquisition and Merger of Insurance Companies (the Insurance M&A Measures ) which will take effect from 1 June 2014. The Insurance M&A Measures apply to M&A activities whereby an insurance company is the target for a merger or acquisition. The target insurance company could be either a domestic or a foreign invested insurer. However, the Insurance M&A Measures will not apply to any equity investment by insurance companies in non-insurance companies in China or in overseas insurance companies.
  • China issues new rules to regulate medical devices - May 2014

    The Regulations on Supervision and Administration of Medical Devices (in Chinese《医疗器械监督管理条例》, State Council Order No. 650) (the Medical Device Regulations) were amended by China's State Council on 31 March 2014 and will come into effect on 1 June 2014. This is the first amendment in more than a decade since the Medical Device Regulations were first promulgated in 2000, even though the amendment was initiated eight years ago in 2006. The 2014 amendment unveils reforms on the regulatory regime for medical devices market in China from various aspects.
  • Walking a fine line in China:Distinguishing between legitimate commercial deals and commercial bribe

    China in the 21st century exemplifies an atmosphere of great opportunity and intense competition. Against this backdrop, it has become increasingly common for businesses to adopt a variety of practices in order to make their products and services competitive. Such practices may include paying middle-men to promote sales and giving incentives to buyers directly. However, whilst revenue spikes are undoubtedly welcome, businesses should bear in mind the potential backlash arising out of these commercial arrangements. The risk that such arrangements may not comply with anti-bribery and corruption laws and therefore cause business significant damage in the long term should not be underestimated.
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    On 30 November 2014, the State Council of China released a draft Deposit Insurance Regulation (the Draft), to establish a deposit insurance system in order to "protect interests of depositors, prevent and mitigate financial risks and maintain a stabilised financial system". The public are invited to submit comments on the Draft by 30 December 2014.
  • Tackling bribery: China toughens criminal law - December 2014

    Following earlier reforms of the PRC's anti-corruption rules (for further information, please see our previous briefings published in January 2013 and March 2011 ), the National People's Congress (NPC) has recently published a proposed amendment to the PRC Criminal Law in draft form for public comments (the Draft). The Draft expands the reach of official bribery offences, gives more autonomy to judges to inflict severe punishments, and generally increases the level and type of punishments that can be imposed on individuals who commit bribery offences. It further demonstrates the government's determination to tackle corruption in China.
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    The State Council of China recently released amendments to the Foreign Bank Administrative Regulations of China (the Amendments) with effect from 1 January 2015.
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