Barrister

Paul Stephenson

Year of call 1990

CC&P

Practice Summary

Paul's areas of work have focussed upon the following:

  • a wide range of contentious and non-contentious intellectual property law, trade marks, patents, copyright, registered designs & unregistered design right;
  • directors’ personal liabilities;
  • data privacy;
  • confidential information;
  • contract law including advising about e-contracts, negligent misstatement;trade libel, defamation;criminal law (usually regulatory criminal law both for the prosecution and defence);
  • advising and litigation for damages, account of profits and injunctive relief;
  • trade descriptions and advertising law;
  • Dealing directly with the United States Trade Marks Office for United States’ Federal trade mark applications and Hong Kong Intellectual Property Department;
  • Advising in relation to United States and Hong Kong law.

Areas of Expertise

·         Intellectual Property Law

·         Interlocutory injunctions and equitable remedies

·         Contract including e-contracts

·         Privacy

·         Internet related legal issues

·         Advertising law (comparative advertising, labelling and trade descriptions)

Hearings before the Intellectual Property Department in UK and in Hong Kong.

Reported Cases

ACV 11/2002 Merck Sharp and Dohme v. Registrar of Patents: Hong Kong High Court, Court of Appeal and Court of Final Appeal. (I acted for Merck Sharpe and Dohme at all stages in the proceedings with the highest court declaring certain rules made under the Patents (General) Rules to be invalid and ultra vires. This led to certain rules being re-written).

HCA2152 of 2002 MGA v Cityworld and others dealing with quantum of damages (equitable compensation) payable to defendants on the wrongful imposition of an interlocutory injunction.

MGA v. Linwell Industries 2003 successfully arguing that where a defendant denies copying in the face of substantial similarity in a copyright action, the case should be dealt with on a speedy trial basis and not by interlocutory injunction.

Notable Cases

Armadillo Manufacturing (UK) Limited v. Armadillo Sports Design Limited and others (High Court in London) - Acted for the Defendant directors in a striking out application.

Tort action successfully arguing that Directors did not incur personal liability pursuant to the rule in Evans v. Spritebrand.

Publications

These include:

Cyberlaw in Hong Kong 1st, 2nd & 3rd editions published by Lexisnexis; 3rd edition published June 2014

Annotated Guide to the Electronic Transactions Ordinance of Hong Kong published by Lexisnexis

‘Comparative Advertising and Intellectual Property Rights’ [2006] E.I.P.R. 182

Seminars

I have regularly conducted CPD seminars concerning my practice areas

Paul Stephenson

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