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.
Someone asks you at a party what you do for a living. What do you say?
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.
Talk us through a typical working day.
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.
What are you working on at the moment?
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.
Does one big piece of work usually take priority, or are you juggling multiple things?
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.
What is the most exciting aspect of your role, and what is the most stressful?
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.
Tell us the key characteristics that make a successful IP lawyer/practitioner.
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.
What is the most common misconception about IP?
‘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.
What or who inspires you?
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.
If you weren’t in IP, what would you be doing?
I would love to be a craftsman of sorts. Being able to see a tangible result of the work you put in.
Any advice you would give your younger self?
I would advise myself to trust my instincts when giving advice. Not to be in such a hurry with life.
What is your motto in 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’.
