Mark Wilden discusses the case of Pasternak v Prescott [2022] EWHC 2695 (Ch) and explores how the case illustrates the intricacies of copyright protection of historical research.
Clerk Details
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Overview
Mark Wilden is a commercial barrister specialising in Intellectual Property and Media and Entertainment.
Mark came to the Bar after a successful 15-year career as an audio producer, sound engineer and musician. He worked in house at Oxford University Press for eight years, played drums professionally, performed as a DJ and produced music podcasts through the 2000s. He still performs occasionally, most recently with top-40 band Stornoway. He worked at Carpmaels & Ransford LLP before completing pupillage at 8 New Square Chambers.
Mark acts unled in the High Court, IPEC, County Court and IPO and accepts instructions in all forms of intellectual property and related matters, including contract, technology and economic torts. He acts for clients across the creative and entertainment industries including in fashion design, film and TV, sport and music, including very high profile clients and high value matters. He writes articles and presents seminars on intellectual property, entertainment and law, and civil litigation.
Mark was shortlisted for Bristol Law Society Pro Bono Lawyer of the Year in 2023 in recognition of his regular pro bono advice clinics for musicians and for SMEs in the creative industries. He also volunteers in the High Court as part of the Chancery Litigants in Person Support Scheme (CLiPS) and is a panel member of Advocate.
Mark is an authoritative and persuasive advocate with a practical approach to advice, pleading and litigation strategy, and has been described as “a diligent and talented lawyer and a pleasure to work with”.
Commercial
Mark Wilden accepts instructions on contractual and media disputes, especially in cases involving the entertainment industries, intellectual property rights and technology-related issues. Examples of recent work include:
- A v FML (KBD): For defendant TV producer in high-value claim brought by unsuccesful contestant
- S v NHM (KBD): For claimant in defamation claim.
- SS1 v Star (County Court): Win for defendant concert promoter in summary judgment and strike-out application regarding alleged breach of joint venture agreement.
- M v FF (County Court): For defendant in data breach claim
- AS v OF (County Court): For defendant in film financing claim.
- C v T (County Court): Win for claimant at trial regarding cloud computing services.
- Re. Petropavlovsk (Ch D): For shareholders in the disputed insolvency of a Russian gold mining company (with CLiPS Scheme).
Advisory work including:
- Music-related issues including licensing, sampling, royalties and the nature and scope of related rights
- Liability for interception of data by ‘data sniffing’
- Construction of contractual agreements
- Strategy, procedure and remedies.
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Articles -
Timelines and Translations: Copyright Protection of Historical Research in Pasternak v Prescott [2022] EWHC 2695 (Ch)
11th Nov 2022View Article -
“Massive overdisclosure” ordered in departure from business & property courts disclosure regime
28th Oct 2022View ArticleMark Wilden on “Massive overdisclosure” ordered in departure from business & property courts disclosure regime in Genius Sports Technologies Ltd v Soft Construct (Malta).
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Can’t stop the music: Record company could be obliged to continue digital distribution of music in royalty dispute
10th Mar 2022View ArticleHebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC)
Specialist intellectual barrister Mark Wilden has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry.
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UK High Court can continue to grant EUwide injunctions in EU trade mark cases that were pending at the end of the Brexit implementation period
14th Jan 2022View ArticleEasygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch)
3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch).
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Recommendations “New session with IP barrister Mark Wilden. Very different perspective on a wide range of IP matters to previous session with IP attorneys, both very interesting, informative and helpful. Strongly recommended. Thanks to BIPC and Mark.” - BIPC Bristol IP advice clinic client
“I’m so thankful for the support, kindness and professionalism I received from day one. I couldn't think of a better team to have by my side.” - Lay client in IPEC claim
“We used Mark for some advice on grey goods for [High Street retailer]. He was very responsive, very knowledgeable and technically excellent. I particularly admired the pre-con call to discuss the format and what he was going to say. We have used him several times since on a range of IP and IT matters and are very impressed.” -Laura Trapnell, Head of IP and IT, Paris Smith Solicitors
“Mark dealt with a breach of restrictive covenants and database issue in a clear concise manner enabling the client to grasp complex legal arguments very quickly and provided very thorough advice in conference. Mark’s dealing with the client and follow-up with me were very impressive.“ - Instructing Solicitor
“Mark is one to watch and has a bright future ahead of him at the bar. He is very responsive, easy to work with and has a very high technical ability. I would not hesitate in either instructing or recommending Mark in the future.” - Alex Jeffery, Partner, Head of Litigation, Bright Solicitors
Related Articles
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3PB’s intellectual property barristers Nicole Bollard and Mark Wilden (pictured here) acted for the defendants, Jack Hill Culture Company and its director Shan Lu, in a claim for copyright infringement brought by clothing designer Ivana Basilotta. Ms Basilotta had previously been unsuccessful at trial in a claim for sums allegedly owed as part of a contractual arrangement between her and the Defendants. Ms Basilotta brought a second claim in the Intellectual Property Enterprise Court (IPEC)...
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3PB Barristers' (3 Paper Buildings) specialist intellectual property barrister Mark Wilden (pictured here) has written for COUNSEL magazine on the application of copyright law to digital assets. By calling on recent cases including Wright v BTC Core, THJ Systems v Sheridan and Getty Images v Stability AI, Mark discusses what is traditionally required of a work to be protectable by copyright and how these guidelines become harder to define when works are ‘created’ by computer rather...
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Three of 3PB's team of intellectual property barristers, including team group head Victoria Jones, will be sharing practical tips on pleadings at the UKIPO and discussing recent case law at CITMA's first Midlands lecture of the year, held at 3PB’s offices in Birmingham on 27 February. Registration is at 5pm with the talks lasting an hour from 530pm until 630pm, and will be followed by a free drinks reception. The lectures will be see Victoria...
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3PB Barristers’ (3 Paper Buildings) specialist intellectual property barrister Mark Wilden (pictured here) has written for The Barrister on fighting against unjustified intellectual property takedown complaints in online platforms such as Amazon, eBay and YouTube. In his piece, “Rebalancing the scale: fighting back against meritless IP takedown complaints”, Mark explores three recent cases in which baseless complaints about alleged patent and copyright infringement have resulted in loss of income to individual sellers/content creators. Because sites such...
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