Avoiding litigation is usually a better option than defending it. With their fingers firmly on the pulse of how the courts assess infringement and validity of rights, our contentious IP teams are ideally placed to assist in assessing the risks involved in any new project, no matter what the sector or technology.

Launching a new product or using a new process is seldom risk-free. At least a part of that risk can be managed by an assessment of the IP landscape. Whether the issue arises in a sector where the IP rights concerned are brands, or one where only patents are in issue, we can provide specialists in those areas. For international clearance we can coordinate advice as necessary.

If general freedom to operate advice is required, our contentious IP teams can arrange for relevant searches to be conducted, and then examine the results through the eyes of experienced litigators. Our regulatory team has extensive experience helping clients navigate regulatory requirements and exclusivities. If a particular risk has already been identified on which specialist advice is required, we can provide a bespoke opinion.

If a particular risk is identified, we can advise on the magnitude of that risk, how it might be lessened (for example by modifications), or whether pre-emptive steps might be taken to challenge existing rights and/or seek a declaration of non-infringement. Of particular concern may be that a product launch may be met with an application for an interim injunction. Again our wealth of litigation experience is crucial in giving the right advice.

In some cases it may be desirable to seek a licence to operate. In such cases, our commercial & IP transactions team can advise on the right type of arrangement and conduct, or help in the conduct of, negotiations as required.

In all cases we offer pragmatic, practical advice. We are also happy to accommodate the inevitable budgetary constraints by showing flexibility in fee arrangements.

Key contact

Ian Gruselle

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Myles Jelf

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Experience

Global oil company: review of competitor patents in the fuel additive space prior to the launch of a new fuel product

Major innovative pharmaceutical company

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What others say

“Bristows was a valued partner in the success of making our vision become a reality.”

Stephanie Morris, Director of Industry Partnerships and Commercialisation at Imperial College London

“They enabled a very positive conclusion to the overall deal.”

Richard Fagan, Director of BioPharma at UCL Business

“Their expertise made them the perfect partner to work with on the highly complex Apollo transaction.”

Richard Fagan, Director of BioPharma at UCL Business

“UCLB has worked with Bristows for over 25 years, in relation to intellectual property licensing transactions as well as corporate transactions such as spinout formation.”

Richard Fagan, Director of BioPharma at UCL Business

“Bristows’ knowledge of the life sciences market and players, as well as their licensing expertise, was invaluable as we navigated this complex transaction.”

Iain Thomas, Cambridge Enterprise’s Head of Life Sciences

Recent rankings and awards

Life Sciences - Band 1
Chambers and Partners UK 2021