Food & Drink IP Expertise

The guiding principles of Cameron Intellectual Property are quality, efficiency, flexibility and responsiveness.

We assist clients with Intellectual Property (“IP”) matters at all stages of development, from start-up, through growth, attracting investment, or acquiring other brands or technologies. We help our clients to consider all aspects of IP in their business and in their interactions with third parties such as suppliers, licensing or collaborative partners.

We have particular experience of managing brands and other IP rights in the food and drink sector – and notably in the spirits industry. The team has experience of working with a wide range of clients in the sector, from start-ups to larger established global businesses, both as outside counsel and as part of the company’s inhouse legal team.

Examples our work with food and drink sector clients include: –

• Clearance for use of new brand names, logos or slogans
• Registration of new product designs
• Protecting innovations in manufacturing processes, in packaging appearance and packaging functionality
• Local and international protection of IP rights

Our particular strengths include the development of global trademark filing strategies combined with the efficient management of international brand portfolios. This includes managing and advising on extensive and highly complex global trade mark portfolios.

Key Areas of Activity

New IP Clearance & Freedom to Operate

• Working with clients to identify and quantify the risk of entering a new market with their new product or service.
• Brand clearance – of new brands or brand extensions, logos and names through trade mark and design searching.
• Patent clearance – undertaking searches to assess freedom to operate with the planned product, packaging or process.
• Providing commercially relevant advice on the best way forward, along with suggestions of refinements and/or ‘work arounds’ required, and strategies for putting the correct protection in place.
• Preparing non-disclosure agreements and copyright assignments with third party suppliers or collaborative partners.

Portfolio Development and Management

• Administration of the portfolio of IP rights including renewal fee payments, name changes and assignments.
• National and international filings to protect IP rights.
• Undertaking client review exercises on a regular basis to assess whether their portfolio is consistent with business activities and then undertaking additional filings as required.
• Providing guidelines to clients on correct use of trade marks by client and third parties.

IP Review, Due Diligence & Licensing Support

• Pre-sale review of IP portfolios, including any recommendations to strengthen portfolio.
• Preparation of formal IP reports for investors to highlight the commercial relevance of the existing portfolio.
• Input to IP licensing agreements, including preparation of schedules of IP rights.
• Support for collaborative ventures to identify and protect new IP developed.

Monitoring & Enforcement

• Establish tailored watching services of relevant trade mark registers and analyse results to determine the value of opposition proceedings.
• Undertake tailored searches of published patents to identify competitor activity.
• Provide infringement opinions and related advice.
• Working with clients to avoid disputes before they reach the court by way of co-existence agreements and opposition / cancellation actions.
• Working with third parties, such as IP solicitors and anti-counterfeiting specialists to undertake dispute resolution.