Daniel Byrne

Venner Shipley

Daniel Byrne is a Partner and Barrister with extensive experience in intellectual property disputes and transactions. He has spent many years dealing with complex and technical patent matters and he has experience of multijurisdictional litigation and coordination, particularly across Europe where he spent two years practising in Paris.

He has acted for clients across the full range of intellectual property rights at all levels of tribunal and has been a Deputy District Judge in the County Court since 2015. He also sits in the Intellectual Property Enterprise Court to hear, primarily, trade mark and copyright claims. He sits on the consulting editorial board for LexisNexis IP and contributes to journals and academic programmes.

Practice Areas

Panels

Consulting Editorial Board
Contributing Author
Q&A Panel

Qualified Year

2005

Membership

Inner Temple

Education

University of Sheffield
City University
BPP Law School
University of Durham

2 Contributions by Daniel Byrne

PRACTICE NOTES

Digital Single Market Copyright Directive (EU) 2019/790: UK status, Articles 15 and 17 controversies, divergence, and text and data mining exceptions

This Practice Note explores Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the EU Digital Single Market (EU DSM Copyright Directive). It provides a concise high level outline of the background to, and the individual detailed articles of, the EU DSM Copyright Directive, and highlights debate over the wording of particular provisions, such as Article 15 on rights in press publications and Article 17 on use of protected content by online content sharing service providers (OCSSPs). The Practice Note also considers the status of the EU DSM Copyright Directive in the UK and points of divergence between the UK and the EU on key provisions. The EU DSM Copyright Directive amended Directive 96/9/EC on the legal protection of databases (EU Database Directive) and Directive 2001/29/EC (EU InfoSoc Directive). For details on developments in copyright and databases in the UK, see Practice Note: Copyright and databases tracker—UK, and for developments in the EU, see Practice Note: Copyright and databases tracker—EU. Background The EU has taken active steps to evolve its copyright laws to reflect contemporary use of the internet and online content. The EU DSM Copyright Directive forms...

PRECEDENTS

PD57AC-Compliant Trial Witness Statement Precedent: Trade Mark Infringement and Passing Off (High Court IP List/IPEC, England and Wales)

[ Insert party on whose behalf the statement is made—eg Claimant ] [ Insert name of witness—eg ‘Jane Smith’ or ‘J Smith’ ] [ Insert number of witness statement—eg FIRST ] [ [ Insert Exhibits—eg JS1–JS15 ] ] [ Date ] [ [ Date of translation ] ] Case No. [ insert number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT (IPEC) ] BETWEEN [ insert full name of claimant—eg PINK VELVET LIMITED ] Claimant and [ insert full name of defendant ] Defendant [ FIRST ] WITNESS STATEMENT OF JANE SMITH I, JANE SMITH, of 3 Business Park, Business Town, England, state as follows: I am the Chief Executive Officer of pink velvet limited and have held that role since [ insert date ]. This is my [ first ] Witness Statement in these proceedings. [ I am the same Jane Smith who has prepared [ insert number ] previous Witness Statements in this action. ] I am duly authorised to provide this Statement on behalf of the Claimant...

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