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Daniel Alexander QC

 


Year of call: 1988
Year of silk: 2003

With over 20 years’ experience of litigation and advice in intellectual property cases, Daniel's practice covers all areas of intellectual property including IT and media/entertainment cases.

Work includes international and EU-cases, including multi-jurisdictional IP issues, private international law, and arbitration/mediation of IP and media disputes.

Patent work includes most areas of technology. Cases have involved medical and plant biotechnology (including SPCs), pharmaceuticals, chemical process design, telecommunications and mobile phones, medical and analytic equipment, electronics, petroleum engineering apparatus, data transmission and systems design, hydraulic equipment, consumer and household products. Practice includes EPO, UK Patent Office and CJEU cases.

Media/copyright work includes rights licensing, copyright infringement and internet related cases in all areas, including music, visual arts, print and electronic media. Work includes cases for most major broadcasters.

Prominent trade mark work includes the leading ECJ cases Canon, BMW/Deenik Nichols, Gerolsteiner, Doublemint, Philips/Remington, Davidoff/Levis and Celltech.

IT work covers wide range, including rights-related and contract disputes and arbitration of IT disputes.

 

Copyright, Designs and Media and Entertainment

AETN v Channel 4* (2006)

Passing off case concerning use of programme title for alleged TV format.

Estate of Francis Bacon*  v Artprints (2006)

Copyright case relating to works by Francis Bacon.

Apple Corps* v Apple Computer (2006)

Claim by the Beatles’ company in claim against Apple Computer in respect of breach of trade mark delimitation agreement.

Landor & Hawa* v Azure (2006)

CA design right case concerning s.213 CDPA and interpretation of “method or principle of construction”.

Clearsprings*  v Businesslinx (2005)

Implied terms in copyright licence.

IPC* v Mirror (2005)

Fair use defence to copyright infringement and the law on comparative advertising.

PPL v Attorney General/DTI*  (2003-2007)

Claim for Francovich/Factortame damages against the UK Government in respect of implementation of the EU Rental Directive.

Commission v UK* (2002-5)

Acting for UK in infraction proceedings before the ECJ brought by the Commission in respect of s.72 of the Copyright Designs and Patent Act.

British Horseracing Board v Cantor Index* (2002-3)

Database right claim relating to horse racing information raising issues of UK and EU competition law.

Spiralstem v Superframe & M&S*  (2002-2006)

Design right in display equipment. Inquiry as to damages.

Ellerman v Ritz* (2001-2)

Litigation concerning rights to use trade marks on the internet, raising issue of where use of a trade mark takes place on the internet. Settled following mediation.

Avenco* v Cellnet (2001-2)

Dispute concerning copyright in guides to mobile telecommunication services.

MRI* v Dorling Kindersley (2001)

Litigation concerning supply of surplus stock of Star Wars books.

Stafford Engineering* v Wood [2000] RPC 797

Application for licence of right in respect of stage equipment designs.

EGEDA v HOASA (2000)

ECJ case concerning the broadcasting and cable retransmission rights directive deciding the meaning of communication to the public and reception by the public. Acted for the UK Government.

Electrolux v Dyson* [1999] ETMR 903

Comparative advertising case with cross claims for misleading advertising - both upheld under the trade marks act but not as malicious falsehood.

Times Newspapers v MGN*  (1999)

Copyright and confidential information case relating to the Thatcher Diaries, raising numerous points, including public interest in disclosure.

Hello! v Northern & Shell* (1999)

Comparative advertising litigation between two leading magazine companies. Case settled before trial.

Storway* v BHS (1998)

Copyright and design right in packaging for clothing.

CondeNast*  v MGN [1998] FSR 427

Copyright infringement in photographs.

Iomega v Nomai* (1998)

Action for infringement of registered trade mark and malicious falsehood in respect of claims of compatibility with "ZIP" drives. Case settled mid-trial.

(* indicates client)

Forenigen AF Dansk Videogramdistributorer v Laserdisken (1998)

ECJ case concerning the scope of rental rights in videos. Acted for the UK Government.

BSkyB*  v PRS [1998] RPC 467

One of the leading Copyright Tribunal references establishing principles for the payment of royalties to a collecting society by a large satellite broadcasting service.

Addison* v Goldbrand (1997)

Action by a design agency for trade mark infringement based on s.10(3) of the TMA in respect of advertising of Goldfish credit card. Action settled just before trial.

EBN/Flextech* (1997)

Action concerning of satellite distribution of TV channels. Acted for claimant in seeking injunction to require continued broadcast.

Morris Jackson* v Fryetts Fabrics (1996)

Copyright infringement claim in respect of fabric designs.

Harrison* v Lingasong (1996)

Action concerning performers' rights in the Beatles' Star Club recordings.

Buckler* v Weller (1996)

Account between former partners in the group "The Jam". Case settled mid-trial.

Banks v CBS* (1995)

Copyright infringement action concerning UB40 song lyrics. Acting for UB40.

MTVE* v BMG (1994-95)

Article 85/86EC claim by broadcaster against collecting society in respect of rights relating to music videos. Case settled after several interlocutory applications.

Apple* v Cooper (1992)

Action concerning copyright in photographs. Acting for Beatles’ company.

Apple Corps*  v Apple Computer (1990-91)

Breach of trade mark delimitation agreement involving points on conflict of laws, Article 85/EC and foreign competition law. Acting for Beatles’ company.

(* indicates client)

  • What the Directories Say
  • "He has got an incredible mind, he is wonderfully articulate and he is incredibly accessible" "A smooth-as-silk silk who is willing and able to take a difficult case and find winning points in it. He sees the bigger picture, and clients like him because he's a great cross-examiner with a very delicate touch"
    Chambers & Partners (Intellectual Property) 2017

    "A very strong practitioner who is very fluent, thoughtful and strategic." "He's excellent both on a personal level and in terms of his advocacy and legal insight"
    Chambers & Partners (Information Technology) 2017

    "A barrister with a great mind who is very friendly"
    Chambers & Partners (Media & Entertainment) 2017

    "An excellent advocate and very capable adviser"
    Legal 500 (Intellectual Property) 2016

    "He has a good sense of how judges will be thinking"
    Legal 500 (Media and entertainment) 2016

    "He has a good demeanour and interaction style with solicitors and clients"
    Legal 500 (IT and Telecoms) 2016

    "He is a polished, accomplished advocate." "You always turn to Daniel Alexander for any knotty issues on the copyright side."
    Chambers & Partners (Media & Entertainment) 2016

    "Very good indeed - he is sensible, knowledgeable and a vey fine opponent"
    Chambers & Partners (Information Technology) 2016

    "Brilliant at handling complex cases that others make seem convoluted. He identifies the key issues and pares them down with apparent effortlessness" "Charismatic and great with clients"
    Chambers & Partners (Intellectual Property) 2016

    "Recommended for handling complex technological patent disputes"
    Legal 500 (IT and Telecoms) 2015

    "He knows his cases inside out, no stones are left unturned in his preparation"
    Legal 500 (Media and entertainment) 2015

    "Has enjoyed a career in IP few silks can match, and has appeared in many of the most significant patent, trade mark and copyright actions of the past 20 years"
    Chambers & Partners (Intellectual Property) 2015

    "Extremely well regarded and an absolutely superb advocate" "He understands how judges' minds work, so knows how to manage the court really well"
    Chambers & Partners (Information Technology) 2015

    "Admired for his his work in digital technology cases. Judges trust him because he only runs the best points"
    Chambers & Partners (Media & Entertainment) 2015

    "He is quite simply superb, and one of the very best at the patent bar"
    Legal 500 (Intellectual Property) 2015