3PB Intellectual Property barrister Faizul Azman provides an insightful article which aims to provide both employers and employees with a general understanding of intellectual property rights in a copyright work created in the course of employment.
Clerk Details
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Intellectual property
Faizul specialises in a broad range of intellectual property law including copyright, trade marks, design rights, confidential information, and related areas such as contract, employment, education, commercial law and artificial intelligence. Prior to joining Chambers, Faizul served as a Senior Policy Advisor at the UKIPO, where he represented the UK at the World Intellectual Property Organisation in Geneva and in EU working groups in Brussels.
Faizul’s experience in managing high-pressure, complex legal and policy matters gives him a unique ability to advise on legal issues, as well as identify both commercial opportunities and reputational risks for his clients. His expertise has led to instructions from renowned global brands and small and medium sized businesses. Faizul is known for working closely with his clients, providing clear and practical advice.
Recent Cases
Trade Marks and Passing Off:
Enterprise Holdings v EUIPO (T/499/23 and T/500/23) – For Enterprise, drafted the grounds of appeal to the General Court of the CJEU to annul the decisions of the Board of Appeal of the EUIPO regarding the mark ‘QOMMUTE’.
Enterprise Holdings v Free2move SAS (R 2311/2023-4) – For Enterprise, drafted the grounds of appeal to the EUIPO Boards of Appeal regarding the registered and non-registered ‘e’ marks.
NRJ Group Société Anonyme de Droit Français v Hard Carry Gaming, Inc – For NRJ, led by Victoria Jones in an appeal to the Appointed Person contesting the decision (O/0340/23) of the UKIPO relating to the mark ‘NRG’.
Britvic Soft Drinks Limited v Blue Ice Machines Limited (IPEC) – For Britvic, at CMC relating to the mark ‘ICE BLAST’.
Netflix Studios v JJ Beanos – For the Applicant, a trade mark Opposition in the UKIPO for the mark ‘LADY WHISTLEDOWN’ – a dispute relating to the ‘Bridgerton’ Netflix series.
Gowers v Athena Cosmetics, Inc (RevitaLash Cosmetics) – For Athena, a trade mark Revocation in the UKIPO relating to the marks ‘KILLER LASHES’ and ‘KILLER BROWS’.
H v E (IPEC) – For the Claimant, infringement and passing off relating to counterfeit goods.
Re: Yiamas – For the Opponent, a trade mark Opposition in UKIPO.
Recent advisory work includes:
- Award of costs following judgment of the General Court of the CJEU.
- Challenging the UKIPO’s preliminary view in refusing a Proprietor’s request to exclude evidence at a hearing.
- Infringement relating to advertising ‘keywords’ on Google.
- Character merchandising.
- Goodwill following the dissolution/liquidation of a company.
Copyright, Databases, Domain Names and Confidential Information
Re: Sky UK Limited (IPEC) – For Sky, several copyright infringement claims relating to illicit internet protocol television streaming services.
Insource Select Limited v Robbin (KB 2002-0044-8) – High Court, Kings Bench Division. Advised Insource and their legal team (led by Alice Mayhew KC) on possible IP infringement claims and to make amendments to the Particulars of Claim. The claim relates to breach of restrictive covenants.
Mirza Video Entertainment Limited v Karman Entertainment Limited (IL-2022-BHM-000002) – For Mirza, advised and successfully transferred the claim from the Intellectual Property List to the IPEC.
Daemonlinks Ltd v Brown [2022] EWHC 1154 (IPEC) – For Brown, following an application for summary judgment, advised and represented Brown for CMC on the ‘fallout’ issues.
P v A – For the Claimant (author), a contract dispute when a publisher continued to advertise and sell their book after the publishing agreement was terminated.
PS v C – For the Claimant, a claim relating to domain squatting.
Recent advisory work includes:
- Ownership of copyright works created by directors, employees, contractors, and university students.
- Restoring a company and the beneficial interest in a domain name and development code when a company is dissolved.
- Infringement on the use of hyperlinks.
- Film director rights when a film is assigned to a third-party which formed part of a settlement agreement.
- Infringement when using certain materials on social media.
- Infringement when websites are copied/look similar.
- Jurisdictional/evidential issues relating to assignments of copyright outside of the UK.
- Copyright licences.
- Limitation on acts of copyright infringement.
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Articles -
Intellectual Property considerations and employment law
1st Mar 2023
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Recommendations Faizul Azman - 3PB 'Faizul is an extremely robust individual with a mind for clear and concise advice. He has a particular eye for niche details, thinks outside the box, and is extremely commercially minded.
Legal 500 2025/Intellectual property/Rising stars/London Bar
“Faizul’s advice was clear, on-point and focussed on what our client needed to do and he gave our client clear options as to the next steps our client could take. The advice Faizul gave was indeed relevant to the client’s own situation and what he wanted to achieve. We would be pleased to instruct Faizul in the future in relation to any internet domain/IP matter…” Solicitor
“Faizul did a great job” Solicitor
“Notwithstanding the result, my clients were very impressed with Mr Azman” Solicitor
“… As soon as we spoke, I realised I was in exactly the right hands. You did a great job putting me at ease even with the tech issues I was having. You must have been told before that you have a great bedside manner. Thank you so much for getting me over the final hurdle with such a great result… If the opportunity to recommend you ever comes my way I most definitely will” Lay Client
“… my experience of instructing Faizul has been very positive, and I did seek to instruct him again, though he was unavailable on this occasion… I look forward to instructing him again” Solicitor