Mark Wilden

Mark Wilden

Year of Call: 2018
Email Address: mark.wilden@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Mark Wilden is a specialist Intellectual Property barrister. He joined 3PB as a Third Six Pupil after completing his pupillage at 8 New Square Chambers, working on high profile IP matters for clients including Apple, BBC, Ferrari, Google, Microsoft, Next, Peloton and Tesco.  He also worked for a year with Carpmaels & Ransford LLP as a legal assistant on a range of patent and copyright infringement actions.  He is an experienced County Court advocate, having appeared as sole advocate in over 80 hearings with LPC Law.

Mark came to the Bar after a successful career as an audio producer, sound engineer and musician, having studied Physics and Music.  He worked in house at Oxford University Press for eight years producing global market-leading English Language Teaching materials and qualified as a PRINCE2 Project Management Practitioner in 2007.  He also played drums professionally, performed as a DJ and produced music podcasts through the 2000s.

Mark has a wealth of commercial, technical and creative experience in the music and publishing industries, and takes a practical approach to advice, pleading and litigation strategy.  He has been described as “a diligent and talented lawyer and a pleasure to work with”.

Expertise

  • Intellectual property
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    Mark accepts instructions on all aspects of Intellectual Property.  He has worked in and before pupillage on copyright, trade mark, design, patent and breach of confidence actions in the Chancery Division, IPEC, UKIPO and EUIPO.

    Examples of recent work

    • B&Bartoni v Hypertherm (EUIPO R/2843/2019-3): successful appeal against invalidation of design rights protecting a consumable part of a welding torch.
    • Pasternak v Prescott (Ch D): analysis and drafting of defence to literary copyright infringement claim for Penguin Random House.
    • Shenzen Carku v NOCO (Pat): pleading infringement by equivalents of a patent concerning car battery jump-starters.
    • Examples of copyright cases: alleged copying of the idea for a documentary film; unlicensed resale of software activation codes; copying of the shape of classic cars.
    • Examples of trade mark cases: IPEC claims by high street retailers against copycat businesses; pleading bad faith in opposition proceedings; parallel imports; advice on the effect of Brexit on registered rights; comparative advertising of medical devices.
    • Examples of design right cases: copying of clothing designs by online ‘fast fashion’ retailers; counterfeit vaping devices; unlicensed car body modification kits.
    • Examples of patent cases: exercise bike functionality; pre-action advice on experimental use exemptions; vacuum cleaners; stockpiling conveyors.
    • Examples of confidential information cases: car insurance underwriting information; low-fare optimisation software for flight bookings; use of blockchain technology in music rights protection; use of personal data by operators of search engines.

Academic qualifications

  • LLB (Hons) (1st class), Open University with University of Law
  • BPTC LLM (Distinction), University of Law
  • Postgraduate Diploma in Intellectual Property Law and Practice residential school, University of Oxford

Scholarships

  • University of Law BPTC Advocacy Award
  • University of Law Chancery Prize

Professional bodies

  • IPSoc
  • PRS For Music: writer member
  • PPL: performer and recording rights holder member