HGF

What does effective leadership look like at HGF?

The ability to set clear and achievable strategic goals for the business, communicating them to the whole organisation and empowering and trusting others to do their jobs. The main role of HGF’s leaders is to determine the business’s strategic goals but not necessarily get involved in the details of achieving them because others are more capable and skilled at doing so. Clear communication is key. If everyone knows what is expected of them and what their roles are, then the organisation’s ultimate objectives can be achieved. One must keep pushing forward, otherwise we stand still, or worse, go backwards.

How would the firm address and respond to client concerns about using generative AI in private practice?

The use of AI, generative or otherwise, is probably inevitable in private practice as there are numerous benefits for implementing these tools, including speedier and cheaper services. However, one must be clear with clients about when AI applications are being used and how – it is crucial to disclose when a client’s data is being used and identify a clear benefit for them. The use of generative AI is not simply about cost reduction but providing clients with added value. We see generative AI as augmenting our services, not replacing human attorneys. Although many clients are excited by the possible uses of AI in IP law, we need to understand their concerns. Transparency and openness are key to getting client buy-in to the uses of AI tools.

What do you predict will be the biggest challenges facing HGF’s clients over the next 12 months, and how is the firm preparing to meet these?

While inflationary pressures have eased over the past 12 months, legal budgets are still tight. It is key that HGF reflects the commercial realities of the market. The ultimate job of an IP service provider is to achieve clients’ commercial goals at a reasonable cost. Further, most economies are experiencing low or no growth and clients have to operate in these environments – particularly in sectors such as retail – so HGF must reflect and adapt to these realities.

Geopolitical changes are also in play. This year is an election year in many countries, most notably in India, the United Kingdom and the United States. Historically, the legal IP field has benefitted from the globalisation of trade. The drive for globalisation is waning, and that will remain true regardless of the political party in power in any of the countries in which we operate.

We have weathered the Brexit storm well, but the United Kingdom has the potential to diverge from the European Union even more, for example with regard to IP case law and attitudes to AI regulation. While the immediate impact of AI and the like might be being overplayed, AI will in time bring about significant changes to the economy. HGF has to adapt to those changes as clients do – its practice must reflect the economies in which it operates as a whole and react accordingly to any changes.

What impact do you expect the proposed shift in the EUIPO’s role when it comes to intellectual property (ie, its growing involvement in SEP issues) to have on services?

None when it comes to quality of services. Two key functions of the EUIPO are its design and trademark application filing services and contentious services relating to opposition, revocation and invalidity actions. These services will remain core to the EUIPO’s provisions and we see no reason why the new responsibilities should have any significant impact on this. The EUIPO may provide a wider range of services in the future, but we do not anticipate that the overall quality of its services should deteriorate.

Last year, you told WTR that HGF would have to adapt to new types of IP law providers entering the market amid rapid tech advancement. Twelve months on, is this happening, and how is firm adapting to this ever-evolving landscape?

The IP law space is always changing with new entrants to the market – some for the good, some for the bad. We have no objections to fair competition and the rise of technology in the profession will ultimately benefit us and our clients. However, the rise of unregulated operators has been a particularly acute issue in the United Kingdom with the Chartered Institute of Trademark Attorneys campaigning that these should be more tightly regulated. The entry of unregulated service providers has increased costs for others, given their lack of knowledge of proceedings before the UK IP Office and often their unwillingness to engage in correspondence.

For HGF, the ultimate way to respond to such challenges is to maintain high professional standards and utilise technology to its fullest for the benefit of our clients. Excellent service provision at a reasonable cost is the only way to survive in such a market. We differentiate ourselves through sector and legal knowledge, speed of responses and by providing services at a reasonable cost.

HGF is renowned for its top-quality work across multiple industries and jurisdictions. With such a broad range of expertise, how does the team stay abreast of all of the latest developments in the trademark sphere?

HGF is organised by various practice groups – trademarks, chemistry, life sciences, engineering, electronics and law. We also have cross-practice oppositions and design groups and national patent and trademark formality groups. Each group attempts to keep attorneys abreast of recent legal developments in case law and practice. We also have a central learning and development team that assists in soft skills training, which includes leadership training and the provision of mini MBAs. Further, we encourage attorneys to actively engage with local IP organisations and IP offices. We cannot provide a one-size-fits-all service in every country in which we operate. The trademark, law, design and patent markets are all different and there are further differences in each jurisdiction. We try to reflect those differences across our firm. We also have a training programme in place for our formalities staff. Our paralegals are valued and form a key part of our services and they have specific training dedicated to them.

What has been the firm’s proudest achievement in the last 12 months, and why?

There is no one outstanding achievement. The firm’s main achievement is to keep progressing in the face of change. We have pressures on fees, new entrants to the market, managing an increasingly large and complex organisation and keeping people motivated. Simply continuing to move forward is an achievement in itself when such competitive pressures are at play.

In May 2024, seven members of the firm were promoted from director to partner. How does HGF support its employees in their professional development?

An important aspect of career and professional development is that attorneys and support staff have a clear path and know what is expected of them in order to achieve a promotion. Junior attorneys need to be given support in the development of both their legal and soft skills. They also need to be given the opportunity to interact with clients at all levels, undertake interesting and challenging work and to be challenged intellectually. Our learning and development team provides support to all levels of the business. We also have a partner promotions panel with members from all parts of the organisation; promotions to partnership are assessed consistently and fairly across the business. HGF does not employ the traditional tap on the shoulder for partner promotions – the process is transparent and open. We also accept that not all attorneys want to be partners. We aim to provide a rewarding career path for these lawyers as well.

If you could change three things about prosecuting trademarks before the EUIPO, what would they be and how likely are they to happen?

It appears that the EUIPO often takes an overly academic and abstract – rather than commercial – approach to trademark law and prosecution. These issues apply both when examining the trademark distinctiveness and in contentious opposition and invalidity matters. The EUIPO needs to reflect commercial realities more in the marketplace. Further, at times the EUIPO seems more concerned with process rather than making life easier for trademark practitioners. This applies to issues like product descriptions for design applications and the number of views one can file for such applications. Finally, the EUIPO should be more willing to overturn their own decisions; there seems to be more of an inflexibility of thought compared to that of other IP offices.

What steps is HGF taking to future proof itself, and how does this make you stand out from other firms?

It is often hard to differentiate between IP law firms in a cluttered market. Ultimately, the function of an IP law firm goes beyond the simple application of the law, which, with all respect, most attorneys can adequately apply. We are here to help clients achieve a commercial objective. This means understanding the markets in which our clients operate and building centres of excellence in our firm. HGF’s core values are “people, excellence, teamwork and progressive”. All parts of our business should reflect those values to differentiate us from the rest of the market. The client and its needs must always come first. We differentiate ourselves by providing concise, expert IP law advice in a timely and cost-effective way. Further, HGF has always had an entrepreneurial spirit. We are a relatively young IP law firm, having only been established in 1995; we want to keep some of the entrepreneurial spirit of a young firm and combine it with the support of a now large European IP law practice.