Law specialisms : Intellectual property

Nick Bolter is the partner in charge of the London office of Edwards Wildman Palmer and a partner in the intellectual property group. His work focuses on trade marks particularly in the online arena.

Intellectual property (IP) includes an array of legal rights that protect intellectual investment: copyright protecting written and artistic works; rights protecting designs; patents protecting inventions; and trade marks protecting names and brands. Other related rights include: laws protecting know-how and confidential information; passing off which protects aspects of branding; and defamation which protects an individual's reputation.

The term IP includes a range of disciplines from high technology and pharmaceuticals innovations on the patent side to media law which is more focused on copyright and related rights.

Why IP?

IP is an academic area of the law but with a practical application that is always appealing. Working for recognised brand names means that explaining the nature of one's work to friends and family is easier than many other areas of commercial law. IP also lacks the 'macho' culture that can exist in some other areas of law.

What does the work involve?

IP lawyers typically choose to focus on either litigation (contentious work), which involves advising clients on how to prevent competitors from using their IP, or non-contentious transactional work such as the IP aspects of mergers or business start-ups.

I advise clients on all aspects of the selection, prosecution, protection and enforcement of trade marks and brands. One of the most appealing aspects of trade mark law is that the law is harmonised across the European Union which makes it possible to advise clients across many jurisdictions.

Who are the clients?

Clients range from large multinational companies to individuals, as all businesses own and rely on IP in one form or another. We advise a number of multinational companies who own some of the world's most valuable consumer brands. These consumer brands include the world's most valuable technology company, the world's leading online retailer, leading luxury brands, financial institutions, film and television production companies and fashion and cosmetic businesses.

When advising multinational companies, the clients are usually in-house lawyers who are also experienced trade mark practitioners. These individuals expect timely, concise and commercial advice on the more complex and cutting-edge issues that they face in the UK and elsewhere in Europe. 

What do trainees do?

Given the wide range of IP disciplines, the role of a trainee will vary depending on the focus of their IP group. Typical tasks given to our trainees include preparing cease and desist letters, evidence and draft statements and conducting legal research. One of our trainees is also responsible for the day-to-day running of anti-counterfeiting programmes for some of our bigger clients.