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Nicola Borthwick, Senior Associate

Nicola is an experienced dispute resolution lawyer specialising in the protection and enforcement of intellectual property and related rights and disputes in the technology sector.

Summary

Nicola’s particular areas of specialism are contentious intellectual property (trade marks, design and copyright) and related issues such as breach of confidence claims, database rights and domain name disputes. Nicola has notable expertise in rights relating to software. Nicola also advises clients in the technology industry, particularly in relation to distressed IT delivery contracts and disputes arising out of the provision of cloud storage services.

Nicola has experience of advising clients from start-ups to listed and global companies operating in a broad range of sectors including healthcare, fashion and retail, food and drink, financial services, property development, leisure, energy and natural resources, manufacturing and engineering.

Nicola has advised on cases before the Technology and Construction Court, High Court and Court of Appeal in England as well as the Court of Session and Court of Appeal in Scotland and trade mark proceedings at OHIM.

Nicola is registered with the Law Society of Scotland.

Experience highlights

  • Acted for World Programming Limited (“WPL”) in the leading software copyright case of SAS Institute Inc v. WPL [2013] EWHC Civ 1482 regarding the creation of software (and instruction manuals) with the same functionality as an existing program.
  • Acted for an international software company in a multi-million pound dispute regarding its delivery of a software and IT contract to an authority.
  • Acted for an international technology company specialising in the delivery of software and related services in respect of the infringement of its trade marks and trading style (registered trade mark infringement and passing off) by a software company.
  • Advised a major UK drinks group in defence of the launch of a new brand for its stores across the UK.
  • Acted for a specialist mechanical services offering services to the oil and gas sector in respect of claims asserted by a competitor for breach of restrictive covenants through "employee poaching" and misappropriation of proprietary information and inducing former employees to breach their obligations of confidence
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