Robert Peake

• Acted for an e-mobility client in a trade mark infringement dispute with a global auto manufacturer.
• Acted for a distributor of consumer health products in relation to patent infringement allegations by a medical device patentee.
• Successfully resolved a registered design right claim in the IPEC for a defendant, following the transfer of the matter from the client’s former solicitors, with no admission of liability or undertakings, and no damages payable.
• Advised an advanced paper coating technology client on the protection of trade secrets and confidential information in relation to material transfer arrangements with dozens of counterparties on multiple continents, as well as manufacturing and development agreements and Horizon Project participation.
• Advised clients including sole inventors, SMEs and academic institutions on the ownership and protection of intellectual property rights and confidential information in research and development projects.
• Advised an AI developer on joint authorship and open source software issues.
• Successfully acted for a publishing client facing trade mark infringement and passing off threats by the owner of a renowned motor racing event.
• Advised a fintech client on the use and ownership of data and intellectual property rights in relation to integration with a third party’s SaaS platform.
• Advised an alcoholic beverage brand on copyright and moral rights claims by the estate of a deceased film director.
• Acted as external counsel for a US-based non-alcoholic beverage brand on its entry into the UK and European markets, including distribution and logistics arrangements, marketing and promotional activities, and data protection compliance.

• Advised a large online gaming brand on data protection compliance, in particular in respect of the processing of children’s data.
• Advised a bespoke healthcare provider on supplier contracts, international data transfers, and broader data protection.
• Advised the owner of a suite of mobile phone apps with over 30 million users on GDPR preparedness.
• Acted for a client in relation to a data breach by a former staff member and a subsequent regulatory investigation.
• Advised elected officials in relation to subject access requests and related regulatory inquiries.
• Successfully acted for a consumer beauty brand in an ASA investigation into alleged CAP code breaches by a paid celebrity endorser.

• Icescape v Ice-World International BV et al [2018] EWCA Civ 2219, [2017] EWHC 42 (Pat) – Court of Appeal’s first application of the Supreme Court’s approach to equivalence in Actavis v Eli Lilly; also concerning validity challenge on the grounds of priority, the person skilled in the art and common general knowledge, and threats of infringement proceedings under section 70 of the Patents Act.
• Vote Leave v Electoral Commission [2019] EWCA Civ 1938 –

The Court of Appeal review of the Electoral Commission’s powers to publish reports not mandated under statute.

• Metropolitan Police v Smith, Blockchain Limited & Ors – [2016] unreported Old Bailey – Decision on data access, jurisdiction and the corporate veil.
• Micromine v Alhambra & Komarnicki – 2015/16 unreported – Enforcement in the Alberta courts of an English judgment for breach of guarantee in a software licence.
• GSI v Falkland Islands Government – SC/CIV/05/14 Falkland Islands – Copyright claim concerning seismic data and exploration licences.
• Fage v Chobani – [2012] EWHC 3755 (Ch); [2012] EWHC 3097 (Ch); [2013] EWHC 298 (Ch); [2013] EWHC 630 (Ch); [2013] E.T.M.R. 28; [2013] F.S.R. 32; (2013) 157(14) S.J.L.B. 31; [2014] EWCA Civ 5 – Extended passing-off case concerning the use of the term ‘Greek Yoghurt,’ including permission for survey evidence, the scope of disclosure, and interim injunctions and undertakings.
• Grant v Torstar 2009 SCC 61; Quan v Cusson 2009 SCC 62 – Appeals in the Supreme Court of Canada resulting in the adoption in Canadian law of the defamation defence of responsible journalism in the public interest, following the Reynolds/Jameel line of cases in the House of Lords.