Legal Guidance and Research / Experts / Ben Mark
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Ben Mark

RPC
Ben is a Partner in RPC’s Intellectual Property and Technology group and advises on all aspects of intellectual property protection and enforcement, with a focus on trade marks, passing off, copyright, designs and confidential information. Ben works with clients across a wide range of industries, including food and drink, media, retail, online/e-commerce, financial services and insurance.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2006

Membership

  • LES Laws Committee
  • Law Society Intellectual Property Law Committee
  • International Trade Mark Association

Qualifications

  • University of Oxford (Post Graduate Diploma in Intellectual Property Law) (2009)
  • BA (History and Economics) (2001)

Education

  • University of Manchester (1999–2001)

1 Contributions by Ben Mark

Spare parts and intellectual property in the UK: designs (must fit/must match, repair clause), trade marks, passing off, patents and copyright—post‑Brexit and EU reforms; practical guidance
PRACTICE NOTES
Spare parts and intellectual property in the UK: designs (must fit/must match, repair clause), trade marks, passing off, patents and copyright—post‑Brexit and EU reforms; practical guidance
This Practice Note offers a concise overview of how spare parts are treated under the main IP rights recognised in English law (designs, trade marks, patents and copyright). It also includes illustrations of how the rules operate in practice and down-to-earth guidance for rights holders and for businesses that make and/or sell spare parts. What are spare parts? A ‘spare part’ is an interchangeable component kept in stock and used to repair or replace failed units. Spare parts are integral to logistics engineering and supply chain management, frequently supported by dedicated spare parts management systems and distinct markets focused on the manufacture, supply and/or fitting of parts, including businesses where spares are a principal offering, such as garages and repair centres. Designs The connection between design rights and spare parts is especially close, as in certain circumstances protection can cover a part of a product, not only the whole. The UK designs framework is multi-layered and encompasses several different rights. As there is overlap between these rights, they can interact in complex ways...
IP
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