David Philip - Partner
Experience
- Advising insurers on coverage
- Advising and defending their insureds where they had been threatened with claims involving breaches of copyright and other intellectual property rights
- Advising insurers in relation to a claim that a popular reality TV game show infringed copyright in the format of a similar show; the central question of liability was whether it is possible to protect television programme formats as a species of “copyright work”? Policy response remained in issue throughout
- Advising an advertising agency where a claimant alleged that cartoon characters used in an advert had been copied subliminally from images that he had used on the sleeve of a well known music album; pursuing derivative claims against the independent design professionals who had created the images
- Advising on the application of the law of copyright to an industrial instrument’s sensor, and whether this could be used to provide de facto protection for the design of the instrument; advising on the consequences of “must fit” and “must match” exception under the Copyright Designs and Patent Act
- Advising a specialist motor vehicle component designer on whether he would be able to rely upon unregistered design rights to prevent a rival from exploiting his designs. Ownership of the rights was also in issue
- Defending a television production company against claims by a copyright owner alleging unlawful use of film clips; of particular interest was the quantification of damages and additional damages in such a case
- Advising in relation to “advertising liability” in respect of a claim brought in the United States, where coverage was provided under an English Global Master Policy; coverage issues and conflicts of law arise
- Advising whether a client’s web site infringed the copyright in that of a rival
- Advising on copyright, trade mark and passing off in connection with selling goods on Ebay
Clients
- Insurers
- Media personnel
- Advertising agencies
- Authors
- Architects
- Equipment designers
- Graphic artists
Professional
- 1994 Qualified in England and Wales
- Previously worked as a design engineer in industry where assisted in creating inventions and having them registered
Memberships
- Institution of Electrical Engineers
Office
London
Telephone
020 7877 8333
Practice areas
Property
