Bryan Poon

Associate
Baker & McKenzie London Services Ltd.

Biography

Bryan is a mid-level associate in Baker McKenzie's IP and Technology team based in London. Bryan joined the Firm as a trainee solicitor in March 2019 and qualified as a solicitor in March 2021.

During his time at the Firm, Bryan completed a six-month client secondment with a leading global consumer goods company where he closely advised the client's business teams on a range of IP, brand protection and commercial matters. The secondment experience has provided Bryan with invaluable insight into the practical challenges and issues facing clients.

Clients have described Bryan as being very responsive, solutions orientated and a pleasure to work with.

Practice Focus

Bryan's practice encompasses a broad range of legal areas, covering IP, commercial law, data privacy and consumer protection. Bryan has experience in advising clients across a diverse range of industries, with a specific focus and interest on the consumer goods and retail as well as luxury goods and fashion industries.

Having obtained a Distinction in the Postgraduate Diploma in Intellectual Property Law and Practice from the University of Oxford, Bryan is well-versed across the full spectrum of IP rights. Bryan advises clients on complex IP licensing and sale transactions, as well as strategic IP advisory and contentious matters. Bryan also has experience in advising clients on plant variety rights and is a co-author of the UK chapter of the Firm's Global Plant Variety Rights Guide and Summary.

Further, Bryan regularly advises clients on various complex commercial agreements, such as franchise agreements, partnership agreements, distribution agreements and settlement agreements. Bryan also advises clients on their terms and conditions of sale/supply (both in B2B and B2C contexts).

In the data privacy sphere, Bryan has experience in assisting clients with data privacy compliance matters, such as conducting data transfer impact assessments and legitimate interest assessments, reviewing privacy and cookie policies and drafting data transfer agreements.

Representative Legal Matters

IP advisory & contentious matters

  • Advised a UK leading travel technology platform in relation to a pre-action complaint concerning alleged trade mark infringement and passing off.
  • Acted for a large cosmetic company in a patent dispute in the UK Court of Appeal.
  • Advised a multinational beverage company in relation to contractual disputes concerning IP licences.

IP transactional matters

  • Advised PDS Limited, a global end-to-end sourcing and manufacturing platform, on the IP aspects of its strategic partnership with Authentic Brands Group in relation to Ted Baker operations in Europe.
  • Advised Coats Group plc on the IP aspects of its acquisition of Rhenoflex, a leading global footwear solutions business.
  • Advised a leading global consumer goods company on various brand protection and management matters, including assisting with due diligence of its trade mark portfolio in connection with brand disposals.

Commercial agreements

  • Advised a European luxury cosmetic business on making certain strategic updates to its distribution and boutique arrangements in the Middle East.
  • Advised a US fast food conglomerate on its template UK franchise and licence agreements.
  • Advised a major automotive company on its partnership agreements with financial institutions concerning the offering of certain vehicle financing solutions.

Data privacy

  • Advised an international food and agri-business company on its intragroup data transfer arrangements, including conducting data transfer impact assessments.
  • Advised a US luxury fashion company on its UK/EU data processing activities and appointment of a UK/EU representative.
  • Assisted a global financial institution with implementing its employee data privacy e-training programme.

Professional Associations and Memberships

  • Law Society of England & Wales
  • International Association for the Protection of Intellectual Property (AIPPI)

Admissions

  • England & Wales (2021)

Education

  • University of Oxford (Postgraduate Diploma in Intellectual Property Law and Practice, Distinction) (2022)
  • BPP University Law School (LLM Commercial Legal Practice, Distinction) (2019)
  • Queen Mary University of London (LLB Law, First Class Honours) (2017)

Languages

  • Cantonese
  • English
  • Malay
  • Mandarin

Publications

  • Co-author, "Court of Appeal warns against importing purpose-limitations when considering inventive step of patents (Vernacare v Moulded Fibre Products)," LexisNexis, August 2023
  • Co-author, "UK: Retained EU Plant Variety Rights – deadline for the appointment of a UK agent approaches," Baker McKenzie InsightPlus (re-published on Lexology), April 2023
  • Co-author, "Through Alice's looking glass - Patents Court considers abuse of process in DNI proceedings (Lisa Dräxlmaier v BOS)," LexisNexis, November 2022
  • Co-author, "Patents Court applies the Formstein defence (Vernacare v Moulded Fibre Products)," LexisNexis, October 2022
  • Co-contributor, "Global Plant Variety Rights Guide," (UK section), Baker McKenzie Resource Hub, published in April 2022
  • Co-contributor, "Global Plant Variety Rights Summary," (UK section), Baker McKenzie Resource Hub, published in April 2022