‘Ingenuity and passion’: Patrade partner lauds IP clients

Welcome to the latest instalment of Managing IP’s ‘Five minutes with’ series, where we learn more about intellectual property practitioners on a personal and professional level. This time, we meet Simon Tønners, partner at Patrade in Denmark.

I tell them I work with IP. The typical response is a bewildered look on their face, at which point I must explain that IP includes trademarks, patents, designs, and copyright. It functions well as an ice breaker, as most people have an opinion on IP in general, a case they have read about in the news, or they know a designer or an inventor who was infringed.

Another good way to put it is that I protect innovation and ideas – the things that hold the greatest value for a company, far beyond buildings, machinery, and the like.

My day typically begins with reviewing emails, where shifting priorities often mean that my planned tasks must be adjusted. The remainder of the day is usually dedicated to client meetings on filing strategies, infringement advice, opposition and cancellation matters, as well as litigation.

Right now, I am drafting arguments for an application for a declaration of invalidity based on bad faith. I have also prepared a subpoena for a client’s approval and sent out a few cease-and-desist letters concerning a well-known wine and spirits trademark.

My primary focus is on trademarks, and with so many deadlines, the honest answer is that I’m juggling quite a lot at the same time.

Working mostly from behind a desk, I find it both exciting and inspiring to see the innovative things our clients are creating and that we help protect. The most rewarding moments for me are when I visit clients and they show me what they actually do. I am always impressed by the diversity and ingenuity of the goods and services they bring to market.

The most stressful part of my work is preparing for court. An IP lawsuit often involves the company owner, designer, or inventor –people who are personally and emotionally invested in the case. This means that, alongside the legal issues, you are also navigating very engaged and sometimes emotional clients.

In my opinion, you need to see IP as a business enabler for your client - be an advisor and not only a lawyer. Moreover, you need to be mindful that IP is not static. Clients enter and exit markets as well as develop new IP all the time. You need to set aside the time to visit your clients frequently to understand how their business and markets develop.

‘I want a global patent’, especially when what the client wants is a trademark or a design. To many people, a patent seems to be a broad term for all IP.

I am often inspired by our clients. It is one thing to come up with a brilliant idea, but quite another to quit your job, take out a loan on your house, and risk everything to pursue it. I really admire the ingenuity and the willingness to pursue it.

I would love to be a craftsman of sorts. Being able to see a tangible result of the work you put in.

I would advise myself to trust my instincts when giving advice. Not to be in such a hurry with life.

I can’t say I have a motto, but if ‘a motto’ can be understood in the broadest sense to be principles, it would be to be something like ‘listen to understand’ and ‘give advice to create value’.