Commercial IP
Navigating the commercial landscape of intellectual property, technology and data is critical for protecting and maximizing the value of your innovations. Our commercial IP team advises on the ownership, exploitation and use of intellectual property rights, information technology, and related issues, including data protection and privacy, helping clients turn ideas into commercial success.
“Mark Lubbock is a high-level operator and tremendously impressive in negotiations.”
Services
We offer joined-up thinking across a comprehensive range of services:
Advising generally on IP rights in commerce
Due diligence of IP and commercial contracts for investment and M&A transactions
Negotiating, drafting and advising on IP and commercial contracts
Advising on IP strategy in a commercial context
Advising on personal and non-personal data ruse and regulation
Legal Layer®: guiding you to the best outcome
Our team's fully-connected approach can help you to understand how your dealings with data and algorithms engage different aspects of IP and related areas of law. In this way, we serve as a “Legal Layer” to help you optimize outcomes for your business.
Paths through the neural network represent how certain features of data and algorithms can engage different legal considerations in the Legal Layer. Our Codiphy team considers these all together to optimise the outcomes for your business.
Click the buttons to show some examples of the many paths through the network.
Some AI models are trained on data scraped from publicly-available sources. This may have legal implications. For example, training an AI model using copyright works without obtaining a licence from the rightsholder could result in litigation and/or reputational damage. AI regulations will also play a role. For example, the EU AI Act will oblige General Purpose AI providers to publish summaries of training data and to respect opt-outs from data scraping. Otherwise, they could face penalties under the Act.
Proprietary algorithms may involve IP that can be protected, for example using trade secrets or patents. Competing factors need to be considered to optimise protection of that IP. For example, trade secret protection may extend an early-mover advantage, but will be lost if technical information is publicly leaked. Patents can provide protection even if the technical information is later published or if someone else develops the same idea independently, but filing a patent application for an idea that isn’t patentable may result in a loss of IP. An effective IP strategy will consider these factors and others to maximise the value in the IP.
Original code is protected by copyright, which may be licensed for others to use, for example under an open-source licence. Non-compliance with the obligations of an open-source licence may result in litigation and/or reputational damage. If you are considering releasing code under an open-source licence, it is important that this decision fits in with your business model and wider IP strategy, and that the licence you use supports these. Attempting to change licence terms after release can be difficult or impossible, and can cause reputational damage in the eyes of the open-source community.
AI models may be trained on, or may subsequently process, personal data that relates to an identified or identifiable natural person (including personal data that is publicly accessible). This may have legal implications if the training/processing is not compliant with data protection obligations. The party controlling the processing could face regulatory penalties including orders to stop the processing or using the AI model, litigation between the user and the controller, and/or reputational damage. Providers of AI systems should consider the principle of ‘privacy by design’, as well as ensuring contractual provisions are in place to mitigate the legal risk.
Our innovative combination of experienced specialists
Our experienced team includes patent attorneys, litigators, and commercial IP lawyers with expertise in intellectual property, data protection, information technology, healthcare, e-commerce, outsourcing and commercial contracts. Clients benefit from incisive strategic advice and practical support across all areas of their business, whether start-up, developing, or established, enabling efficient management of valuable intangible assets.
We work with clients in diverse sectors, including information technology, mechanical and chemical engineering, healthcare, biotech and life sciences, data and cyber security, media, sports and leisure.
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Discover our featured insights
Stay informed with the latest Consulting developments and the global IP landscape. Tune into our EIP Talks podcast, explore expert insights and browse our published articles and thought leadership, all designed to keep you ahead in the world of intellectual property.
Strategic licensing: Turning IP into commercial value
Protecting Your Startup: Five Intellectual Property Mistakes to Avoid
Thinking about IP from day one: strategic considerations for deep tech startups
The IP Lifecycle: From Innovation to Monetisation
In this episode of EIP Talks, Mark Lubbock and Ellen Keenan O'Malley, solicitors at EIP, explore the full lifecycle of intellectual property, from the initial spark of innovation to the commercialisation of ideas. They share practical insights into how we support clients through the challenges of protecting, developing and monetising IP.The conversation covers how clients typically engage with us, the importance of identifying and securing various forms of IP, and the legal strategies needed to navigate collaborations, ownership, and licensing. It also highlights the significance of well-drafted contracts, website compliance and investor readiness. Whether you're launching a new product, entering a partnership, or preparing for investment, this episode offers valuable guidance on building a strong IP foundation and turning innovation into commercial success.
Find the right match for you
We work closely with clients, from C-suite to IP teams, to unlock the full potential of their intellectual property. Our integrated team of litigators, patent attorneys and commercial IP experts helps drive business growth by protecting and strategically leveraging patents.
Search by expertise, industry or location to find the right team for your business.