Name: Chris Hall Chambers: 11 South Square Location: London University: Imperial College London Undergraduate degree: Physics
of defendant or claimant. As for where instructions come from, “because IP is quite a small area you regularly see the same faces – there aren’t that many solicitors who regularly practise in IP, so you build strong relationships with instructing solicitors and there are also many regular clients,” Chris continues. “For example, the big pharmaceutical and telecommunications companies are regularly involved in patent disputes, and the major fashion brands often assert their designs and trade marks against copycat clothing.” And the cases themselves involve a wide range of products, as Chris outlines: “On my desk I have two snack food products that are sold under very similar names; two scrubbing brushes with similar designs; two letter boxes that function in the same unusual way; a handful of mobile phones that utilise various patented inventions, and more. One of the satisfying things about IP cases is that a lot of the litigation concerns tangible objects – you can examine them, and see how they work and what they look like.” The job also brings Chris into contact with all kinds of interesting people: “In patent cases, you work with expert witnesses who teach you about very specific areas of technology. This means that in every case you learn something new from a world expert in their field – and you get paid for it! There are some colourful characters too. The first trial I was in concerned the design of caravan covers, and one of the witnesses was an avid caravan enthusiast. In his evidence he described the perils of towing his caravan all over Northwest England in various states of Cumbrian weather with the caravan covers flapping around in the wind and rain. The judge described him as ‘engaging and direct’; he was more like a stand-up comedian. In IP, it is more than purely commercial litigation – you regularly get the small family business with a big idea,
or sometimes the mad inventor squaring off against the corporations trying to stop him.”
However, these ‘David v Goliath’ situations don’t always end in victory for the underdog. “It is very often the case that when a defendant loses, they lose everything,” explains Chris. “It’s quite a responsibility for a junior barrister to bear. You see a lot of clients – both claimants and defendants – suffer because of something that perhaps could have been avoided with a bit of legal advice early in the day. That is a rather sad reality.” Brexit will undoubtedly have a significant effect, as Chris explains: “A lot of IP law is harmonised across the European Union, and there are many rights which are EU-wide, for example the European Union Trade Mark and the EU Registered Design. The scope and practice involving these rights regularly changes with the jurisprudence emerging from 28 member states.” No need to rush Chris has some advice to share for those hoping to achieve the necessary standards. “It is very useful to have some experience in the real world,” he begins. “As a junior barrister at the IP Bar, you will often be representing small businesses in relatively low-value cases. The case fits your level of experience, but you will usually be dealing with the person at the top of the small business – the chief executive or sole director. This creates a mismatch in terms of experience, and you have to earn the trust of the client despite your lack of experience. It helps to be able to speak to clients on their level and to demonstrate that you understand their commercial world. This gives clients much more confidence in your ability. So I would positively encourage people to get some experience before coming to the Bar. You don’t have to become a barrister at 23; it is absolutely fine to do it later.”
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