Victoria Gyles has a broad intellectual property practice, having advised a wide range of clients on many different intellectual property rights and other related legal and commercial matters. The technologies and industry sectors that she has covered include life sciences and pharmaceuticals, telecommunications, electronic display technology, automotive, industrial chemicals, food processing, education, home-ware, luxury goods, cosmetics and fashion. She advises in contentious and non-contentious matters and has a particular interest in patents and trade marks.
In her contentious work, Victoria has worked on some significant and high value patent and trade mark claims including cases covering multiple jurisdictions and/or with cross-border elements. She has been involved in cases in the UK (before the High Court, Patents Court and Patents County Court, now the Intellectual Property Enterprise Court (IPEC)), as well as in disputes in the EPO and cases in other jurisdictions. She has also represented clients before the trade mark registry at the EUIPO.
Victoria has advised clients on many UK and international commercial transactions in which IP has been important. This has included: licensing arrangements, distribution and franchising agreements, assignments, joint venture agreements, sponsorship agreements and advising on matters of contract interpretation. She also advises on brand protection and on validity and infringement risks.
Victoria gained a Masters’ degree in Natural Sciences and in Chemistry in 2005, and obtained The Oxford University Postgraduate Diploma in Intellectual Property Law and Practice in 2011.
Victoria is a keen member of the AIPPI and is an associate member of CIPA. She participated in the AIPPI UK working committee and contributed to the preparation of the UK response to the 2014 question on second medical use or indication claims. Victoria is also an active member of LES Britain & Ireland and is on the LES Laws committee.
Victoria has written many articles on intellectual property for a variety of professional publications, including discursive articles on the costs of litigation in the UK, SPCs and second medical use claims, as well as various case law updates.
Prior to joining Wiggin Victoria worked at Redd, having previously trained at Linklaters.
Contentious patent work includes:
- Advising the successful claimant, a European car component manufacturing company, in relation to patent validity and declaration of non-infringement proceedings in the Patents Court, and a related claim for unjustified threats (Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France S.A.  EWHC 4320 and 3421 (Pat)).
- Advising a US intellectual property asset management company in a complex and high value licensing dispute with two leading pharmaceutical companies relating to several blockbuster antibody products.
- Advising clients in relation to SPC filing strategies in Europe (including competition law aspects).
- Acting for a pharmaceutical company in respect of claims for compensation under a cross-undertaking in damages and achieving a successful settlement for the client.
- Advising an international pharmaceutical company on complex issues surrounding the right to claim priority in certain European patents and their GB designations.
- Advising a US company specialising in ride-on and wheeled action technology in relation to patent infringement claims.
- Advising a US healthcare company in connection with issues concerning possible ‘crown use’ of its patented technology in the UK.
- Providing advice in relation to freedom to operate requests and complaints of patent infringement for clients in a variety of industries.
Contentious trade mark work includes:
- Acting for an SME, as claimant, in trade mark infringement proceedings in the IPEC and achieving a successful settlement for the client.
- Advising a luxury hair product manufacturer in relation to the appeal of a trade mark infringement and passing off claim which had been fought in the IPEC and successfully reaching settlement following mediation.
- Representing a biopharmaceutical company in a variety of registry proceedings at the EUIPO, including trade mark oppositions and cancellation actions based on non-use, prior rights and bad faith.
- Advising a well-known automotive company in relation to re-manufacturing activities and exhaustion of trade mark rights.
- Advising on brand protection strategies, including giving brand clearance advice in respect of marks spanning a range of goods and services, for a range of clients.
Commercial work includes:
- Negotiating, and advising, across a variety of industry sectors, on intellectual property issues, in a range of commercial agreements, including global patent and know how licences, collaboration agreements, trade mark licences, distribution and supply agreements, outsourcing agreements, software development agreements and employment contracts.
- Advising on matters of contractual interpretation across a range of industries, including life sciences and pharmaceuticals, ink jet technology and plastics, cosmetics, luxury fashion and industrial chemicals.
- Acting for a variety of clients in a range of industries in connection with contractual disputes.