Clerk Details

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”.

Intellectual property

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

Examples of recent work

Jo James v Amanda Mitchell aka Amanda Nimmo & Borabeads (IPEC): successfully represented claimant in a trial for passing off of jewellery brand.

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.

Drafting pleading for passing off of a car fleet management brand.

Advising on trade mark opposition brought by Japanese restaurant.

Examples of work in pupillage

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.

  • Articles
    • Can’t stop the music: Record company could be obliged to continue digital distribution of music in royalty dispute

      Hebden 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.

      View Article
    • 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

      Easygroup 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).

      View Article
  • Recommendations

    “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

View Full CV

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