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Jonathan
D.C. Turner, 13 Old Square, Lincoln’s Inn, London, WC2A 3UA
Tel: + 44 (0)20 7831 4445 Fax: + 44 (0)20 7841 5825
www.jonathanturner.com
E-Mail:
mail@jonathanturner.com
Jonathan Turner has practised as a barrister specialising in
intellectual property and competition/free trade law since 1983.
Jonathan’s practice covers all areas of IP, both ‘hard’ and ‘soft’.
He has a particular interest in European issues and IT/electronics.
Jonathan is a qualified mediator accredited by ADR Chambers, having
successfully completed the highly regarded training by Alan Stitt
based on the Harvard method of principled negotiation. He has also
qualified as a Fellow of the Chartered Institute of Arbitrators.
Jonathan
regularly represents clients in legal proceedings, arbitrations and
mediations relating to IP, competition law and IT disputes. He has
also determined numerous domain name disputes as an arbitrator
appointed by the World Intellectual Property Organisation or
Nominet, in some cases as sole panellist, and in others as a member
or chairman of a three-member panel. It is a tribute to his
fair-mindedness that he has been nominated for three-member panels
sometimes by complainants, sometimes by defendants, and sometimes by
both parties.
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Jonathan’s experience as head of IP law at Coopers & Lybrand has
given him an understanding of commercial, financial and tax aspects
of transactions and settlements, which can be invaluable in
resolving disputes.
Jonathan has acted in many well-known intellectual property cases,
including:
• Ball v Eden Project [2002] FSR 686 (entitlement to the trademark
‘The Eden Project’)
•
AntiquesPortfolio v Fitch [2001] FSR 935 (nature of copyright in
photographs and the duties of website designers and their clients)
•
Designers Guild v Russell Williams [2000] 1 WLR 2416 (House of Lords
decision on the distinction between idea and expression in copyright
law)
•
French Connection v Sutton [2000] ETMR 341 (concerning the domain
name fcuk.com)
• PLG
Research v Ardon [1995] RPC 287 (a major patent trial and appeal,
including issues on the scope of patent claims under the European
Patent Convention, prior use, obviousness and director’s liability)
•
Parmenter v Malt House Joinery [1993] FSR 680 (admission of further
prior art after trial in a registered design case)
• Lux
v Pike & Faronwise [1993] RPC 107 (a patent trial raising various
issues including prior use and whether a method of regulating
traffic can be patentable)
• C&H
v Klucznik [1992] FSR 421 (the pig fender case: basic principles of
UK design right law)
•
Entec v Abacus [1992] FSR 332 (scope of copyright in sketches;
whether UK law contrary to free trade provisions of Treaty of Rome;
and balance of convenience)
•
Reckitt & Colman v Borden [1990] 1 WLR 491 (the Jif lemon passing
off case)
•
BSkyB v Lyons [1990] FSR 11 (protection of encrypted signals;
whether UK law contrary to Treaty of Rome)
•
Potton v Yorkclose [1990] FSR 11 (account of profits for
infringement of copyright).
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Jonathan regularly advises on competition law, particularly in
relation to IP and distribution agreements. He has also acted in a
number of proceedings, arbitrations and mediations concerning EU, UK
and US competition law issues, including:
• Blackburn Chemicals v Bim Kemi EuLR (2004) 8/4 (res judicata and
competition defences to claims and cross-claims for breaches of an
exclusive dealing agreement relating to speciality chemicals)
•
John Bruce OFT 17/5/2002 (price fixing of vehicle components and
mitigation of fines)
•
Swan/ECS Avaya OFTEL 6/4/2001 (alleged abuse of dominant position in
market for interfaces for telecommunications equipment); a
substantial arbitration relating to licensing of patents and trade
marks in the Americas
•
Costello v National Conference of Catholic Bishops 670 F.2d 1035
(concerning the boundary between antitrust law and rights of freedom
of speech and religion).
Jonathan also advises and represents clients in other matters
relating to IT, such contractual disputes, data protection,
regulatory issues and defamation claims.
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Jonathan’s publications include:
• Tolley’s Domain Names – A Practical Guide
•
chapters on the application of EC competition law to IP and vertical
agreements in Vaughan’s Law of the European Communities
•
European Patent Infringement Cases; European Patent Office Reports
•
articles, such as Glaxo-Wellcome v Dowelhurst – Plus Royaliste que
le Roi, Purposive construction: seven reasons why Catnic is wrong,
The UK Competition Act 1998 and Private Rights, When is Inspiration
Lawful? and Copyright and Competition in Ancillary Markets: Why the
Monopolies and Mergers Commission is Wrong
• a
paper, Association between Acute Glaucoma, the Weather and Sunspot
Activity in the British Journal of Ophthalmology.
Jonathan is a member of the IP Bar Association, Chancery Bar
Association, Chartered Institute of Patent Agents (Associate), AIPPI
UK, UNION, European Circuit, Bar European Group, Solicitors European
Group, and the Competition Law Association.
Jonathan was called to the Bar in 1982 after studying law at
Cambridge University, European Law at Brussels University (Licence
Spéciale en Droit Européen), and Electronics at London University.
He also worked as a law clerk at Sughrue et al, attorneys in
Washington DC specialising in antitrust and IP law.
Jonathan has a working knowledge of French.
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Jonathan D.C. Turner, 13 Old Square, Lincoln’s Inn, London,
WC2A 3UA
Tel: + 44 (0)20 7831 4445 Fax: + 44 (0)20 7841 5825
www.jonathanturner.com
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A
downloadable PDF version of Jonathan
Turner's CV is available. Please click on
the link above. |
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