Phillip specialises in intellectual property law and in public law. His intellectual property practice covers trade marks, copyright, patents, designs, confidential information and media, entertainment and sports law. He has a particular interest in cases where there is an international element.

Before returning to the bar in 2007, Phillip was a legal adviser to the UK Intellectual Property Office. During his time advising the office he worked on the implementation of treaties and directives as well as working on most of the changes to intellectual property legislation made between 2003 and 2007. In addition, he worked on numerous references to the European Court of Justice and cases heard before the domestic courts.

He has expertise in media law and reads for libel for two national newspapers. He has also advised broadcast content providers, film producers and those in connected industries.

He is the author of several articles on trade marks, copyright, patent law, designs, jurisdictional matters as well as public and criminal law all of which have been published in leading journals. He is also the reviews editor of the Journal of Intellectual Property Law and Practice. His book Ambush Marketing: A Practical Guide to Protecting the Brand of a Sporting Event was published by Sweet and Maxwell in 2007, he is also a contributor on trade marks and domain names in Gringras on the Laws of the Internet (3rd Ed), a contributing editor on private international law for the new edition of Jowitt’s Dictionary of English Law and he has been invited to become one of the editors of next edition of The Modern Law of Patents (LexisNexis).

He is a senior visiting fellow at the Queen Mary Intellectual Property Research Institute, where he teaches patent law on the courses for trainee patent attorneys. He is regularly invited to speak on intellectual property matters both in the United Kingdom and around the world, including recently being invited to speak in Australia on the patenting of biotechnology and in the United States on ambush marketing.

He is an Appeal Panel Member for the CIPA Litigator Accrediting Board and also the chairman of the research ethics committee for a multi-million pound European Community project.

Before joining government Phillip practiced at the criminal bar for three years where he undertook the full range of criminal defence and prosecution work.

He is accredited to accept public access work.


Recent reported cases

Farah v GMC [2008] EWHC 731 (Admin), [2008] All ER (D) 21 (Apr)

A selection of the things Phillip worked on whilst advising the Intellectual Property Office:

Legislation:

• Copyright and Related Rights Regulations 2003 (implementation of Information Society Directive)
• Trade Marks (Proof of Use, etc) Regulations 2004 (making changes to require proof of use)
• Regulatory Reform (Patents) Order 2004 (implementation of Patent Law Treaty)
• Patents Act 2004
• Performances (Moral Rights, etc) Regulations 2006 (implementation of the WIPO Performances and Phonograms Treaty).
• Intellectual Property (Enforcement, etc) Regulations 2006 (implementation of Enforcement Directive)
• Registered Designs Rules 2006 (modernisation and restatement of designs rules)
• Patents Rules 2007 (modernisation and restatement of patents rules).

Cases:

• C-275/06 Promusicae (2007) (remedies for intellectual property infringement)
• C-48/05 Adam Opel [2007] ETMR 33 (trade mark use)
• Oakley v Animal [2006] RPC 9 (scope of European Communities Act 1972)
• C-108/05 Bovemij Verzekeringen [2007] ETMR 29 (distinctiveness through use)
• C-228/03 Gillette Co v LA-Laboratories [2005] ETMR 67 (honest use in commercial practices)

Professional Memberships:

• Intellectual Property Bar Association
• Chancery Bar Association
• American Bar Association, including Intellectual Property section
• Institute of Trade Mark Attorneys
• International Trade Mark Association
• British Literary and Artistic Copyright Association
• Society of Legal Scholars