Profile
The bulk of Gwilym Harbottle’s practice is in IP (including data protection), media and entertainment with a particular emphasis on copyright. He has advised and represented many of the leading copyright collecting societies and industry bodies including MCPS, PRS, PPL and FAST. Much of his recent work has involved literary, music and software copyright.
He has particular expertise in committal applications, claims for additional damages and applications for disclosure orders against ISPs.
He also has much experience in the criminal IP field, having prosecuted and defended many copyright and trade mark cases.
He continues to have a significant caseload in the chancery/commercial field, with a particular interest in real property law.
Career
Gwilym Harbottle read Modern History at Oxford before studying Law at City University, London. He was called to the Bar in 1987 and joined 5 New Square in1992.
Talks
Gwilym has spoken on the following:
IP
Copyright: infringement and remedies
Copyright: originality and infringement – literary works and databases
Music and IP: an overview
Orphan works: problems and solutions
Plagiarism
E-infringement: who is liable?
Criminal procedure in IP cases
Copyright, estoppel and the protection of artwork
Cases
IP and media/entertainment
R v Woolworths [2007] F.S.R. 19: successful defence of retailer against trade mark prosecution.
PPL v Reader [2005] F.S.R. 42: availability and quantum of damages for infringement of sound recording copyright which was also a contempt of court.
PPL v Tierney (2004) 27(1) IPD 27006: committal for breach of injunction prohibiting playing of sound recordings without a licence.
Bamgboye v Reid [2004] EMLR 61: successful claim for copyright and performer’s rights in rap composition and recording
Guild v Eskandar Ltd [2001] F.S.R. 38 (Rimer J); [2003] F.S.R. 3 (CA): defence of claim for infringement copyright and design right in designer clothing field (succeeded on appeal).
Thames & Hudson Ltd v Design and Artists Copyright Society Ltd [1995] F.S.R. 15: relationship between criminal and civil remedies for copyright infringement
Chancery/commercial
National Westminster Bank plc v Kapoor [2011] EWCA Civ 1083: equitable assignments and IVAs.
Hanchett Stamford v Attorney General [2009] Ch. 173 (unincorporated associations)
Musawi v RE International (UK) Ltd [2008] 1 Lloyd's Rep. 326 (arbitration)
Smith v Garrard [2004] EWCA Civ 1655: restrictive covenants.
Turner v Wakefield [2004] EWCA Civ 1725: construction of deeds of gift of real property.
Heavy Duty Parts Ltd v Anelay [2004] B.P.I.R. 729: fresh evidence on appeal in bankruptcy cases.
Dunkin' Donuts Inc. v DD UK Ltd, QBD, unrep. 23.5.02: construction of franchise agreement and quantum of damages for breach. Claim for over £30m.
Secretary of State for the Environment, Transport and the Regions v Baylis (Gloucester) Ltd (2000) 32 E.G. 92: highways and standard conditions of sale.
Directory & testimonial Quotes
Chambers & Partners 2012
In Intellectual Property: "Commentators insist that "what he doesn't know about copyright doesn't exist ," and he also proves very effective acting in a variety of passing-off, design right and trade marks cases."
In Media and Entertainment: Gwilym "is "terribly clever and always takes an intellectual approach to his work." He regularly advises and acts for PRS, and was recently involved in a copyright claim by artist Roger dean, who is best known for designing record covers for prog rock legends like Yes, Asia and Uriah Heep."
Legal 500 2011
In Intellectual Property: Gwilym "is good with clients and excellent in court."
In Media and Entertainment: Gwilym is "well respected in the field."
Chambers & Partners
Gwilym is ranked for Intellectual Property and Media and Entertainment in the 2011 edition
In the Intellectual Property section it is stated that Gwilym "specialises in trading standards and criminal IP issues and is found to be "very intelligent with a good grasp of how to run litigation." He has an excellent client base in the fashion, cosmetic, and media industries, handling trademark, design, confidential information and copyright cases."
In the Media and Entertainment section Gwilym is described as “highly intellectual” and as “noted for being “a whizz on tactics" and having "a good grasp on how to run litigation.””
Legal 500 2010
According to the current edition of the Legal 500 (in which he is ranked for Media and Entertainment) “he ‘has extensive knowledge of copyright law and can fight his corner’”.
Membership
Chancery Bar Association. IP Bar Association. British Literary and Artistic Copyright Association. AIPPI.
Qualifications and Regulations
Qualifications
Gwilym Harbottle read Modern History at Oxford before studying Law at City University, London. He was called to the Bar in 1987. He is an accredited mediator through ADR Chambers.
Regulation
Gwilym is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 22468)
He
has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/020). Please refer to the
BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.