Ashley Roughton (call: 1992; Inner Temple)
Despite what some web sites seem to say, I am a self employed barrister in private practice.
This is my website and I created it myself; the consequence of this is that although it is fairly rudimentary it is also hopefully down to earth and tells you what you need to know. Email me by all means if you want to know more or test a proposition. In a bit more detail: I am an intellectual property barrister with degrees in engineering, competition economics, chemistry and biochemistry specialising in patents, designs, trade marks, copyright and data protection. I am available to do all kinds of IP, DP and work of a technical nature (including crime) in England, Wales and Northern Ireland as well as the Republic of Ireland (hence the .eu designation). I can accept instructions from members of the public and representatives from other licensed bodies. I can continue to advise and represent on European related issues after Brexit. I am entitled to conduct litigation.
Scroll down for a full description of my practice and a copy of my CV, details of how to contact me, to see what I have been doing (more and less) recently and, if you are interested, to see my qualifications; B.Sc (Eng)(Hons)(Lond), Ph.D (Cantab), Dipl. Law (PCL), BL (NI), BL (KI), M.Sc (Econ)(City), B.Sc (Open)(Hons)(Mol Sci), M.Sc (Biochem)(Lond) (I make it 83 letters, though I am not sure that BL (NI) or BL (KI) really count). My regulator, the Bar Standards Board, requires me to make certain statements to give you an idea of the sorts of things you can expect from me. I have put those statements at the end of this page.
I can interact by email and the various forms of communication which people use during the lockdown.
My academic thesis and dissertations are at the bottom of this page. Also, if you are interested, I have written a few academic and professional journal papers; these are listed in my CV.
Intellectual property: patents (mechanical, chemical and biotechnological - gene splicing and manipulation, lipids and immunology), trade marks (both registered and passing off), breach of confidence and misuse of private information and restraint of trade, competition generally and also involving either a technical element or intellectual property, copyright (media, entertainment, industrial designs and fashion), licensing of all types, crime (prosecuting and defending section 107 (piracy), 92 (counterfeiting) and 297 (bootlegging) matters as well as consumer protection matters) and matters with a technical content, registered and unregistered designs, semiconductor topographies and border and customs controls.
Intellectual property aspects of European law and competition (including FRAND).
Medicines control and clinical trials (applications, licensing and criminal aspects).
Data protection: both criminal and civil (in court and before the Information Commissioner and Information Tribunal), data subject and data controller issues, private investigator and dustbin delving issues (including questions relating to solicitors and insurers instructing private investigators and maintaining fraud or fraud detection databases). I am on the exam board for PDP training’s practitioner certificate in Data Protection and the editorial board.
Sale of goods and commercial agency questions.
Computer related: crime, IT contracts (performance, drafting and enforcement), computer misuse and data protection. I have advised in relation to and have both prosecuted and defended a variety of computer related criminal actions brought at the behest of a number of organisations including the CPS, the Business Software Alliance, The Federation Against Software Theft and the Serious Fraud Office. Data centre power & performance disputes and back office settlement issues.
Distributed Ledger Systems: both technical and contractual. ASIC and network patents, smart contracts and search warrants against wallet providers (and associated money laundering issues). Mining and pool disputes.
10 The Orchard
and as of 2021 11 01
Top Flat, 51 Linden Gardens
Tel: +44 20 87 42 15 04
Moby (UK): +44 79 56 53 23 07
Moby (US): +1 97 32 62 25 00
My Recent Activity
As of mid October 2021
Now, recently and some time ago:
Right now or immediate past: Photographic copyright: advising on subsistence, jurisdiction and infringement concerning catalogue photographs relating to automotive spare parts. Designs: shoe wars; advising client on infringement. Data: like everybody else I am involved in the current government email inquiry by the Information Commissioner. Trade marks: how wide do we construe the services part of the Nice Convention; advising client. Copyright: advising on infringement in the face of an assertion made by a photograph spotter operating recognition software. Trade marks: advising client in a litigation context, where one mark (of almost infinite repute) drowns out another mark (belonging to a third party). Data: advising client in relation to lengthy delays in responding to DSARs. Competition: advising client in relation to agreements having a distortion effect concerning differential trading terms between platforms. Designs: advising in relation to design right and registered design right in physical property sensor designs. Patents: advising patent proprietor in joint exploitation agreement where one party is on the verge of becoming insolvent. Copyright: use of quotes – advising client in relation to s30 CDPA, width of relevant work and (de minimis) use and associated passing off. IT & cloud services: advising on breach of IT contract for cause. Data: advising client in relation to the width (possibly over wide) of an information notice from Information Commissioner. Trade mark oppositions: representing various clients in a number of trade mark oppositions and infringement cases (too numerous to list individually I am afraid). Data: advising data subject on misuse of personal data against government body. Trade marks: advising client on appealing to the General-Court of the CJEU, and (now, the appeal being filed by me) representing accordingly.
Recent past: Patents: advising client in relation to patent infringement concerning illumination technologies in case put against them by a patent assertion entity. Trade marks: advising client in relation to national and international trade mark infringement, including website targeting issues. Confidential information: advising and representing client in a multinational entitlement and misuse of confidential information dispute – arising where the confidant has obtained a patent, possibly in breach of a non disclosure and information exploitation contract or where they are not the inventor – concerning coating technologies. Trade marks: advising client in relation to defamatory content on website, copyright and trade mark infringement (interim injunction). Passing off: representing client in coexistence, UDRP and Company Name Tribunal dispute concerning trade marks and allied issues concerning goodwill. Data: advising vulnerable client (pro bono) in relation to personal data breach and corresponding inquiries by the Information Commissioner. Trade marks: advising and representing client in relation to EU(&UK) wide registered trade mark dispute. Advising on pre-filing date disclosure agreement.
More distant past: EU (and now UK) registered design right – advising client in relation to allegation of registered design infringement. Seeds and seed marketing – advising client on plant variety rights and warranties as to purity of supplied seed stock and specifically advising on the quality of LCN PCR evidence (detection of the cauliflower mosaic virus 35s promoter and the nopaline synthase gene terminator as well as crop specific events) on GM seed detection. Data – advising client data controller on a complicated and potentially wide ranging DSAR. Advised patent proprietor owning potential SEP in media deployment technologies (IMF and B2B SMPTE standards in an advertising context) on infringement. Data – advising client data processor on an information notice from the Information Commissioner, telephone preference service issues and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended). Advised patent applicant in relation to licensing conflicts and entitlement issues relating to Covid-19 vaccine methodologies and delivery systems. Advising in relation to an allegation of copyright infringement in a typeface as an artistic work as represented by a list of coordinates. Advised copyright owner in relation to international film copyright infringement concerning web site targeting (i.e. does a .com site, in English, offering payment means which are internationally acceptable imply an offer to sell in, and thus targeting in, the UK?). Advised in relation to ownership of copyright in a commissioned artistic work. Advised in relation to pharma production patent owned by academic spin-off company in relation to an entitlement, anticipation and obviousness attack concerning pharma production technologies. Advising and Representing client in trade mark opposition involving 5(3) and 5(4)(a) – similar/similar.
Leaving soon: Advised and representing client in a multinational entitlement and misuse of confidential information dispute – arising where the confidant has obtained a patent, possibly in breach of a non disclosure and information exploitation contract or where they are not the inventor – concerning pharma manufacturing technologies. Acting in my capacity as an EU lawyer, advising on trade mark opposition where the only prior right was a case in passing off in the UK and an unfair trade or consumer protection case in a number of member states in the EU – Brexit issues loom large as the opposition was filed in mid December 2020, before the end of the transition period.
Take a look at my Qualifications:
- Mechanical Engineering - B.Sc (Eng) (Hons) (Lond) – 2:1.
- Engineering - Ph.D (Cantab).
- Law - Dipl.Law (PCL) - pass.
- Law - Bar Finals - competent.
- Law - Barrister-at-Law (Northern Ireland).
- Law - Barrister-at-Law (Republic of Ireland).
- Economics of Regulation and Competition - M.Sc (Econ) (City) - pass.
- Chemistry - B.Sc (Open) (Hons) (Mol Sci) - 2:1 (specialisms: Quantum Mechanics and Molecular Biology).
- Biochemistry - M.Sc (Biochem) (Lond) - distinction.
Below are PDF downloadables of my dissertations:
Things you should know
● Professionals, those with licensed access or lay clients (as appropriate) may contact me to obtain a quotation for legal services
● My contact details are set out above
● My chambers are the Chambers of Ashley Roughton; I work on both fixed fee and hourly rate depending upon what is discussed and negotiated
● I commonly provide legal services (both representation, advocacy and paperwork) in relation to commercial, chancery and criminal law with an emphasis on intellectual property and data; further, specific details are given above
● The factors which might influence the timescales of delivery are other work and the quantity and intensity of work required; vacations may occasionally be a factor
● I am regulated by the Bar Standards Board and equivalent regulators in Northern Ireland and the Republic of Ireland
● In relation to my English, Welsh and Northern Irish practice you may complain to the Legal Ombudsman if you regard my service as unsatisfactory; you will find details of how to do this on the ombudsman’s website (legalombudsman.org.uk); you must complain within 12 months; in all cases (English, Welsh, Northern Ireland or Republic of Ireland) I would suggest that you try to resolve your complaint with me first; I will consider your complaint seriously and objectively (which will include a discussion, mediation or arbitration, as we may agree); if I agree with you then I will remit fees (in whole or in part), apologise or pay you damages or abide by any arbitral award; if you wish you can take the matter up with the bar standards board (bsb.org) or corresponding other regulators at any time and according to their rules; unless we agree not to, then none of this affects any right you may have to raise the matter in legal proceedings
● My regulator requires me to make complicated statements about gender, race and so on; I will deal with you in matters within my expertise on the basis of what legal issues present themselves to you and how best they may be dealt with, without regard (unless relevant) to who or what you are, what you have or are alleged to have done or omitted to do, what type of problem you would like help with (though the scope of my assistance might be limited if your problem or question is outside my area of expertise), what you believe or represent or the manner in which you present yourself either in public or private; this statement applies both to clients and any other I associate with