Daniel Byrne

Partner, Barrister, AA Thornton

Daniel Byrne is a Partner and Barrister with extensive experience in intellectual property disputes and transactions. He has spent many years dealing with complex and technical patent matters and he has experience of multijurisdictional litigation and coordination, particularly across Europe where he spent two years practising in Paris.

He has acted for clients across the full range of intellectual property rights at all levels of tribunal and has been a Deputy District Judge in the County Court since 2015. He also sits in the Intellectual Property Enterprise Court to hear, primarily, trade mark and copyright claims. He sits on the consulting editorial board for LexisNexis IP and contributes to journals and academic programmes.

Contributed to

6

The Digital Single Market Copyright Directive—Directive (EU) 2019/790

Practice notes

This Practice Note summarises and explains the background to and individual articles of the EU Digital Single Market Copyright Directive, Directive (EU) 2019/790 (EU DSM Copyright Directive), covering the controversy around the wording of the provisions of the EU DSM Copyright Directive including Article 15 on rights in press publications and Article 17 on use of protected content by online content sharing service providers. The Practice Note also covers implementation in the UK and in Member States and potential future divergence between the UK and EU on key provisions.

TMT

Website blocking orders

Practice notes

This Practice Note deals with court powers to take action against internet service providers (ISPs) in relation to infringement of intellectual property (IP) rights. The infringement is usually in the form of peer-to-peer copying of films or music files or via websites which facilitate access to streams of television broadcasts of sporting events; where that is found the courts may make an order under section 97A of the Copyright, Designs and Patents Act 1988 to block access to the infringing website, from the UK. It covers website blocking based on copyright infringement and trade mark infringement including an analysis of the Cartier case, live and dynamic blocking orders, costs of applications, forms of order and what is next on the horizon for blocking orders.

Is it possible for the proprietor of a UK trade mark registration to enforce it against the holder of a confusingly similar EU trade mark registration in the UK? If so, what are the relevant legislative provisions that should be relied on in a letter before action for trade mark infringement?

Q&As

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the High Court?

Q&As

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the Intellectual Property Enterprise Court?

Q&As

What action should IP right holders in the UK be taking to prepare for the outcome of the government’s consultation on parallel imports?

Q&As