Virtuoso Legal at TIPSY Event
Virtuoso Legal's team attended last night's TIPSY event which included a talk from Sir Justice Birss on the assessment of damages in IP Cases
Virtuoso Legal attend TIPSY
Members of Virtuoso Legal's team (Kirsten Toft, Lauren Waterman and Martin Douglas Hendry) were in attendance at the TIPSY event last night at the Doubletree in Leeds.
Organised by The Intellectual Property Society of Yorkshire and spearheaded by Andrew Clay of Andrew Clay Law and Dick Waddington of Appleyard Lees, TIPSY events have, since its inception, brought together the great and good in IP to explore the pressing topics of the day.
Yesterday's talk included a presentation from the highly esteemed Mr Justice Birss who spoke about the assessment of damages in IP cases, something of particular interest to the litigators in the room.
Through the whistlestop tour of damages in IP a few key themes emerged which piqued interest in the room. Of particular note was Sir Colin's exploration of the nuances of an account of profits and pitfalls within this approach that may be seen in the future.
In addition, a note was made about providing appropriate middle ground in damages claims between parties.
The overriding message from Mr Justice Birss was to champion use of the IPEC small claims court based in Leeds, and other regional variants, in order to provide proof of concept for an IPEC in the North.
As the North grows in stature within the IP world, this is something that all can benefit from.
We look forward to consolidating these insights into our litigation strategy moving forward.
Takeaways for clients
- A careful and technical approach to damages is required to make sure that clients' commercial aims are met and pitfalls avoided. There are many grey areas in the law that are going to be tested in the coming years.
- Common sense guidance instead of "horse-trading" claim quantity is a more responsible way of approaching claims and avoiding unexpected outcomes.
- The North could increase its stature as an IP powerhouse should more claims be brought in the area, with the potential for an IPEC in the North in the offing should this demand become undeniable. This would be a great potential benefit in the continued devolution of the courts from London.
Comment from the team
Of the event, trainee solicitor Lauren Waterman stated:
"A TIPSY event is always a highlight in the IP calendar, so we always look forward to these events when they come around. I was looking forward to this one in particular after hearing the Mr Justice Birss would be speaking. Having Sir Colin's insight on damages gave us impactful practical tips we can take away, to ultimately benefit our clients."
Virtuoso Legal look forward to attending the next TIPSY event as and when it is announced.