Ashley Roughton (call: 1992; Inner Temple)
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 and chemistry (including 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 licenced bodies. I can continue to advise and represent on European related issues after Brexit.
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 - I know alot about 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.
Data protection proceedings: 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.
Medicines control and clinical trials (applications, licensing and criminal aspects).
Computer related: crime, IT contracts (performance, drafting and enforcement) and contracts of a complex or technical nature, 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. I know a fair bit about distributed ledger systems, bitcoin and cryptocurrencies.
Intellectual property aspects of European law and competition (including FRAND).
As at May 2020
Now, recently and some time ago:
Right now or immediate past: Advising on descriptive use mark clash - application for interim injunction defeated. Advising in relation to criminal liability concerning money laundering and counterfeiting on a large scale. Litigation advice to various players, observers and interested parties in CRISPR/Cas 9 wars and gene drive. Litigation advice to intending claimant in mechanical patent case with parallel US proceedings. Representing estate of famous sculptor in recovering loaned sculptures from storage premises across the world after gallery owner became insolvent and engaging the law of copyright in multiple jurisdictions to do so. Advising on data centre issues concerning emergency power supply provision. Represented Davids in trade mark battles concerning registrability against Goliaths and also acting for Goliaths, against Davids (I do this alot). Quite a lot of licence fee and related debt recovery (sign of the times).
Recent past: Advising and representing client on quality of work issues concerning IT contracts. Represented retail display unit design company in relation to clearing the way issues concerning patents. Represented lighting client in design right case. Represented patent proprietor in patent infringement case concerning osteocyte inhibition. Advised on appeal to the Court of Appeal on claim construction and essence of invention issues.
More distant past: Advised large multinational on FRAND including the pre-litigation process. Represented the estate of an artist of significant repute in an arbitration on copyright entitlement. Represented a software developer in proceedings regarding entitlement and copyright ownership. Represented an institutional software and hardware services purchaser in proceedings regarding quality of service in a large scale migration following a demerger. Represented various large institutional clients in data protection. Represented client in relation to data exclusivity concerning, copyright in and confidentiality of seismic data. Advised large bitcoin exchange on disclosure issues in a criminal context.
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