Intellectual Property Litigation

Businesses can be unexpectedly faced with the demand to protect their intellectual property rights. 

• Trade Secrets
• Patents
• Copyright
• Trade Mark
• Plant Breeder’s Rights, and
• Industrial Design. 

They can also arise from fiduciary obligations, confidentiality agreements and non-competition or non-disclosure agreements. When threatened by infringement, passing off or fraud, decisive and strategic litigation is called for.

…and if you or your business find that you have been accused of infringing the rights of others, it is just as important to be ready to respond to court challenges.

Richard N. Billington, Q.C. has extensive court experience which brings an innovative approach to both the prosecution and defence of such actions, including in pre-trial remedies to halt infringement.  He has acted as counsel in leading cases on the scope and application of extraordinary interlocutory (pre-trial) remedies.  He also has extensive trial and appellate experience, again, in leading cases.  He has represented both Plaintiffs and Defendants in Intellectual Property actions, and has worked co-operatively with other law firms to advise on litigation strategy and to provide lead-counsel experience.  He has acted for international engineering firms, franchisors, oil and gas companies, authors, inventors and manufacturers with proprietary technology, information or marks.  He has cooperated with foreign counsel in the cross-border enforcement of rights.

Corporations and their directors may become exposed to shareholder actions or class-actions if they fail to act promptly and decisively in guarding against violations of intellectual property rights.  Billington Barristers are well placed to provide advice and representation to directors and officers, and we are experienced in advising shareholders when they feel that the corporation in which they have placed their investment has not acted to prudently protect intellectual property rights.