Jonathan David Chattyn Turner (born 13 May 1958)[1] is an English barrister who specialises in intellectual property and competition law. A member of 13 Old Square Chambers in London, he is the author of a textbook on the application of European Union competition law to intellectual property, Intellectual Property and EU Competition Law (2010), which has received strong reviews describing it as " authoritative" and "very obviously the last word on the subject for the time being".[3] Turner is also a director of the Authors' Licensing and Collecting Society and of the Copyright Licensing Agency.
Turner was appointed a panellist for determining domain name disputes by the World Intellectual Property Organization (WIPO) in 2000,[4] and by the Czech Arbitration Court in 2006.[5] He was elected a director of the Authors' Licensing and Collecting Society (ALCS) in 2010, and three years later appointed a director of the Copyright Licensing Agency (CLA).[1] Turner's 2010 textbook on the application of European Union competition law to intellectual property, Intellectual Property and EU Competition Law, has been very positively reviewed in law journals.[3][6][7] John Townsend, reviewing the book for the Modern Law Review, described it as "an authoritative study", "a substantial achievement" and "very obviously the last word on the subject for the time being".[3]
Cases
Cases in which Turner has acted include:
Chelsea Man v Chelsea Girl [1987] RPC 189, [1988] FSR 217 (scope of injunction protecting goodwill in limited area; interpretation of injunction)[2]
Potton Limited v Yorkclose Limited and Others [1990] FSR 11 (restitution of profits from copyright infringement)[2]
C & H Engineering v F Klucznik & Sons Ltd [1992] FSR 421 (scope of UK design right; concerned pig fenders)[2]
Lux Traffic Controls Limited v Pike Signals Limited [1993] RPC 107 (whether method of regulating road traffic excluded from patent protection, and whether prior use on country road was an enabling disclosure)[2]
Parmenter v Malt House Joinery [1993] FSR 680 (further prior art anticipating registered design found after trial)[2]
PLG Research v Ardon International [1995] RPC 287, [1995] FSR 116 (interpretation of patent claims)[2]
Bim Kemi AB v Blackburn Chemicals Limited[2002] EWHC 25, [2001] 2 Lloyd's Rep 93, [2003] EWCA Civ 106, [2005] EuLR 176, [2005] UKCLR 1, acting for Blackburn Chemicals (set-off of cross-claims; formation, construction and repudiation of commercial contract; res judicata)
Clearsprings Management Limited v Businesslinx Limited & Another[2005] EWHC 1487, [2006] FSR 3 (implied terms and ownership of copyright in commissioned software)[10]
Adobe Systems Incorporated v Netcom Online.co.uk[2012] EWHC 446, [2012] 2 CMLR 41, [2012] UKCLR 199, [2012] ECC 33, [2012] ETMR 39 (whether consent order could be challenged under EU competition or free trade law)
Turner, Jonathan D C (1984). "British Leyland v Armstrong: Euro-defences misunderstood". European Intellectual Property Review. [1984] EIPR 320.
Turner, Jonathan D C (1984). "The need for an effective competition policy". European Intellectual Property Review. [1984] EIPR 331.
Turner, Jonathan D C (1985). "The Prosecution of Karl Prantl: Bottles on the Incoming Tide". European Intellectual Property Review. [1985] EIPR 113.
Turner, Jonathan D C (1985). "Copyrights and Competition in Ancillary Markets: Why the MMC is Wrong". European Intellectual Property Review. [1985] EIPR 325.
Turner, Jonathan D C (1988). "Allen & Hanbury's v Generics: Acte clair – and wrong". European Intellectual Property Review. [1988] EIPR 186.
^Korah, Valentine (2011). "Intellectual Property and EU Competition Law, by Jonathan D.C. Turner (OUP, 2010)". World Competition. 34 (2). London: Sweet & Maxwell: 342–343. ISSN1011-4548.
