Helping you to achieve your full business potential Presented by Mr. Stephen Clarke Clarke & Hartland Solicitors 48 The Parade Cardiff Wales Wales – Website –

o We act for SME’s to international corporations o Firm’s Structure: - Established Originally a thriving high street practice and now concentrating on niche areas areas - We now have specialised business support units including company commercial and intellectual property (contentious & non-contentious) commercial and intellectual property (contentious & non-contentious) departments departments - Strong relationships and links between longstanding, highly respected criminal departments and commercial departments both in-house and criminal departments and commercial departments both in-house and externally externally

PERCENTAGE SHARE OF TURNOVER FOR CLARKE & HARTLAND PERCENTAGE SHARE OF TURNOVER FOR CLARKE & HARTLANDIP

Client Base

Our Strengths o Personal approach o Direct business relationship with senior fee earners o Regular two-way flow of communication o Competitive and realistic costings o Expanding global network of wide ranging contacts o Dispute management and resolution is fundamental

I.P.E.C We advise all our clients, irrespective of size the following: I – Identify IPR P – Protect IPR by registration (where applicable) etc E –Enforce IPR and defend against third party action C – Commodification – using your IPR to raise future finance I.P.E.C

Why Enforce? 1) Important to maintain registered rights and avoid leakage of finances 2) Recover assets from illegal use of IPR 3) Legitimate user expectation 4) Deter others

Philosophy “ The future of IP enforcement is clearly civil powers within a criminal framework”

THE INTERACTION BETWEEN CRIMINAL AND CIVIL REMEDIES o What should be your weapon of choice? – Law enforcement or civil process? o What should be going through your mind? o What level of assets, are the subject of dispute? o Are they identifiable? o Where are they? o Are they realisable? o What is the fighting fund? o As advisors to businesses who may have the luxury of choice as to which route to adopt, it is appropriate to consider what is the aim of the litigation and what are the priorities. They could be:- o Recover assets quickly o Recover the greatest value o Stop the offending o Ensure the offending is not repeated o Get a result to a time/cost budget o ALL OF THE ABOVE

Intellectual Property Rights Protection Program (IPRPP) Goals of IPRPP Raise the profile of its IPRPP in order to deter incidents of piracy and illegal use and provide positive support to their lawful distributors, and to increase revenues through new and legitimate business sales. Raise the profile of its IPRPP in order to deter incidents of piracy and illegal use and provide positive support to their lawful distributors, and to increase revenues through new and legitimate business sales. Normally we would recommend that any IPRPP is articulated around the two following sub programmes:- Normally we would recommend that any IPRPP is articulated around the two following sub programmes:- o An anti piracy program o Compliance program o We firmly believe that the implementation of such a program would provide any business with the following options in respect of investigations:- o criminal proceedings - work with law enforcement authorities and secure evidence for the prosecution and criminal conviction of parties engaged in illegal use and or distribution of companies products o civil action – secure evidence for the prosecution and seizure of perpetrators assets via civil proceedings o restitution – collect legitimate revenues or assets to the value of the companies loss and possibly even including an element of damages

As a Firm we would: o Act as a single point of contact for all matters relating to the investigation compliance and enforcement while working with law enforcement authorities. o Manage all third parties services o Represent the company with law enforcement agencies when needed and as instructed by the company o Work with legal institutions such as courts, foreign lawyers, local authorities etc to facilitate the prosecution of those who have infringed the IPR o Conduct regular reviews of all cases under management including progress, outcome, law enforcement involvement, third party management etc o Collate and present evidence in accordance with law enforcement requirements o Monitor the product

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