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Amy Reynolds, Partner, IP and Technology, Protection and Enforcement
Sheena Sheikh Brown, Director, IP and Technology, Protection and Enforcement
Fiona Waples, Senior Associate in the IP and Technology, Protection and Enforcement
Charlotte Hilton, Associate, IP and Technology, Protection and Enforcement
World Intellectual Property Day is marked every year on 26 April: in light of this year's theme, "Women and IP", we spoke to four female Fieldfisher IP lawyers about their roles and the contribution of women to accelerating innovation and creativity through intellectual property.
Amy Reynolds, Partner, IP and Technology, Protection and Enforcement
1. Why did you decide to specialise in IP law?
My first brush with IP law took place when I was an art student arguing with my college about the ownership of artwork that I had produced as part of my foundation degree.
I quickly realised that life as an artist was not for me, but later during my law degree I wondered if I could combine my interest in art and fashion with a legal career.
I chose to train at Fieldfisher because it had such a great reputation for IP and in particular trade mark prosecution work. I qualified in 2006 and have worked in this sector ever since, including a stint abroad.
Throughout my career, I have had the privilege of advising major fashion brands and digital artists on trade mark matters, and I am proud to have incorporated my interest in these areas into my career in IP law.
2. What do you think are the most interesting recent/future developments in IP?
There has been a lot of change in the world in recent years and in the trade marks space we are still dealing with the impact of Brexit (particularly UK comparable rights and how they are enforced) and the Coronavirus pandemic (especially around issues of non-use due to lockdowns and other restrictions).
We are expecting the Supreme Court decision in Sky v Skykick in mid-2023, which will provide further clarity regarding trade mark applications filed in bad faith.
In the midst of the cost of living crisis, I am also expecting to see more "Supermarket Battles" around alleged imitations of products in the year ahead.
3. Which women in IP have inspired or impressed you and why?
I have been incredibly lucky to have worked with some very talented women over the years. From business owners, to in-house counsel for global corporations, to trusted advisors all over the world, and colleagues who have become friends.
I have had the pleasure of supervising and mentoring some outstanding female paralegals, trainees and junior lawyers, and their hard work, energy and dedication never fails to impress me.
I am especially grateful to my fellow Fieldfisher partner Harriet Seymour, who has been a friend and mentor to me since I started my training contract.
Her passion for trade mark law, unrelenting client focus, and ability to be both and excellent lawyer and person have been an inspiration to me and the other women in our team.
Sheena Sheikh Brown, Director, IP and Technology, Protection and Enforcement
1. Why did you decide to specialise in IP law?
My route to IP was fairly tangential as I didn't really know what IP rights were until I was a year qualified in the London office of a US firm. Much of my training and post-qualification had been focused on general commercial litigation and arbitration.
I was lucky enough to put my hand up when a pro bono matter for a charity that was facing a trademark and passing off matter came to the disputes team. I was immediately drawn to the intricacies and interplay of the rights and started to read around the subject.
I found the legal framework and the subject matter of the key cases at the time to be fascinating and I was particularly drawn to the application of the rights to brands and media players.
I decided to apply for the Oxford University postgraduate diploma on intellectual property law and practice, which I completed while still working full-time at the US firm – even though they did not have an IP practice, they were supportive of my desire to pursue this area of law.
Having decided to fully invest in my IP practice, I worked in a boutique IP firm before joining Fieldfisher to work in an IP department with an excellent reputation and rankings for high-quality, high-profile IP work.
2. What do you think are the most interesting recent/future developments in IP?
Some particularly interesting recent developments include:
(i) Guidance from WIPO, EUIPO and UKIPO on the classification of trademarks for NFTs;
(ii) The implementation and application of the Trade Secrets Directive in the UK;
(iii) The UK Court's continued development of copyright particularly in the context of fictional characters
(iv) The proposed (now scrapped but possibly not forever) copyright law exception on text and data mining; and
(iv) The developing case law on liability of online marketplaces.
In terms of future developments, it will be interesting to watch the impact of the rise of AI and emerging technologies on the protection and enforcement of IP, particularly copyright.
3. Which women in IP have inspired or impressed you and why?
I have always been, and continue to be impressed by every woman I have had the pleasure of meeting in the IP world.
Although there is an increasing shift in attitude in recent years, it remains a challenge for women to overcome barriers to having their contributions to creativity and innovation recognised.
So I feel I am in good company when I come across women in the IP ecosystem and believe there is something I can learn from each individual and their journey.
Fiona Waples, Senior Associate in the IP and Technology, Protection and Enforcement
1. Why did you decide to specialise in IP law?
I love the variety of work and complete mix of clients – every day is different. I like the ability to work with well-known household brands and help them enforce and protect their most valued IP assets.
I work with an eclectic mix of creative, innovative and entrepreneurial clients. These include fashion houses, alcoholic beverage manufacturers, sport stars, app developers, product designers, pharmaceutical companies – sometimes all in a day's work!
2. What do you think are the most interesting recent/future developments in IP?
I think it is IP and the metaverse. It is still such a developing area for IP rightsholders and brings with it so many opportunities and potential challenges.
3. Which women in IP have inspired or impressed you and why?
Historically, it was commonplace for female inventors and creators to be overlooked.
Women like Ada Lovelace, who is now known for writing instructions for the first computer algorithm, had much of her work credited to her male co-inventor.
Charlotte Hilton, Associate, IP and Technology, Protection and Enforcement
1. Why did you decide to specialise in IP law?
For me, it was an obvious decision to specialise in IP law. The work is innovative, clients are creative and the law is forever evolving to keep up with cutting-edge technologies.
I once drafted a legal opinion for a biopharmaceutical company on whether the underlying nucleic acid sequence of its transgene construct infringed two European Patents. Compare that to my time at the High Court for a dispute concerning Peppa Pig and you can see why IP is so diverse and fascinating.
2. What do you think are the most interesting recent/future developments in IP?
At the moment, AI is the hot topic that everyone is talking about. AI poses new and exciting opportunities from an IP point of view, however it also unearths infringement risks IP for rights holders.
The UK government recently published its White Paper detailing its new "pro-innovation" approach to regulating AI in the UK, however some commentators feel it lacks detail and is too 'light-touch' compared to measures being taken in the EU.
So AI is definitely something to watch from an IP perspective.
3. Which women in IP have inspired or impressed you and why?
For me women who work in Science, Technology Engineering, and Mathematics (STEM), defying gender stereotypes, are particularly impressive and inspirational.
According to UNESCO "although STEM fields are widely regarded as critical to national economies, so far most countries, no matter their level of development, have not achieved gender equality in STEM."