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Fiona Clark

 


Year of call: 1982

Fiona’s practice covers all aspects of intellectual property law including related contractual and EC matters, breach of confidence and trade libel. However, she has a particular interest in copyright, designs (both registered and unregistered) and trade marks and has extensive experience of product branding and in media and entertainment law. She has also advised in connection with a number of comparative advertising disputes involving high street and internet retailers. Fiona's practice commonly involves cases with significant technical content, particularly in the fields of manufacturing, mechanical and construction engineering, computer software, architectural designs, jewellery and textiles.

In addition to appearing in the High Court and the Patents County Court, Fiona also appears regularly in hearings before the Intellectual Property Office and on appeal to the Appointed Person. She also regularly advises in connection with proceedings pending before OHIM and the OHIM Boards of Appeal, has appeared on appeals to the General Court and the Court of Justice of the European Union and has represented clients in numerous IP and related mediations.

Fiona is also the Editor of the Fleet Street Reports and the Reports of Patents, Trade Marks and Design Cases (from 2012) and is a contributor to a number of leading practitioner textbooks (including her roles as co-author of the current edition of Laddie, Prescott & Vitoria, The Modern Law of Copyright and Designs and Senior Editor of The Encyclopaedia of UK and European Patent Law) and was invited to take part in various patent and trade mark workshops and seminars as part of the IPR2 co-operation between the European Patent Office and China in 2009 and 2010.

Other

Over the years, Fiona has also been involved in many cases which are essentially contractual in nature but involve intellectual property rights. These include disputes concerning assignments and agreements to assign, trade mark licences, franchise agreements, book and music publishing agreements, recording contracts and patent licences. Reported cases include Fraser. v. Oystertec Plc [2004] FSR 22.

Fiona has also been instructed both for claimants and defendants in numerous actions against ex-employees, sometimes working as part of a team with employment counsel. For the most part these have been actions in which the principal cause of action has been breach of confidence, although many have also involved allegations of infringement of copyright and/or database right. These cases have ranged in subject matter from the technical specifications of fire ducting and software for monitoring power stations to and tax saving schemes and fashion designs.
 

  • What the Directories Say
  • "Very knowledegable"
    Legal 500 (Intellectual property) 2015

    "Insightful, dedicated and responsive"
    Legal 500 (Intellectual property) 2014