Commission Recovery Ltd (respondent) v Marks & Clerk LLP & anr (appellants)

Tuesday 21 – Wednesday 22 November 2023

By appellant’s notice filed on the 6 April 2023, this is an appeal against the Order of Robin Knowles J of 24 February 2023.

Background: holders of registered intellectual property rights have to pay renewal fees in the jurisdictions in which the rights are registered. The first appellant (Marks and Clerk LLP) does not itself provide renewal services to its clients. Instead, its practice has been to pass information about the relevant client and upcoming renewal to a particular renewal service provider, CPA Global Limited (“CPA”). CPA then contacts the client of the first appellant and the client may decide to retain CPA to provide renewal services. CPA pays commission to the second appellant (Long Acre Renewals) on the fees it receives from those clients of the first appellant who retain CPA to provide renewal services. The second appellant is associated with the first appellant. This practice, with the commission arrangements, is alleged by the respondent (Commission Recovery Limited), to have been undisclosed to the clients concerned.

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Day 2

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