Jason Raeburn

Jason Raeburn

Partner
Baker & McKenzie LLP

Biography

Jason Raeburn is a Partner in Baker McKenzie London and is an intellectual property and technology litigator.

Jason's practice has a particular focus on complex technology disputes, often relating to trade secrets and copyright in the fields of software development and licensing, cloud and AI-related implementations. His practice also encompasses IP crossover issues involving breach of contract, IT infrastructure, the misuse of data and reputational threats.

Jason also sits part-time as a judge in the English High Court, as a Deputy Master of the Chancery Division and as a Judge of the First-Tier Tribunal, hearing specialist appeals.

Jason was recognised by Who's Who Legal as a "Future Leader" in Litigation (2021) and (2020) having been identified as one of "the most promising litigators in the world, whose skills and expertise are already turning heads at an international level". Legal 500 describes him as a "stand out name" for TMT and a key lawyer for high value IT and software disputes. Jason has also featured in Managing Intellectual Property as an "IP Star" (a ranking for notable intellectual property practitioners) and was shortlisted as a rising star in the British Black Business Awards (2021) and the British Legal Awards (2020).

He was shortlisted as "Solicitor-Advocate of the Year" in the 2018 Law Society Excellence Awards in connection with his oral advocacy in court and appeared as sole advocate in a precedent case regarding the jurisdiction of the English Court of Appeal (Civil Division) - Handley v Lake Jackson & Ors [2016] EWCA Civ 465.

Practice Focus

Jason is a trusted advisor to a number of cutting edge tech companies, helping them navigate business critical and often novel issues and disputes raised by their rapidly evolving digital business models.

His practice ranges from IP and technology disputes through to technology "product counselling"; providing strategic advice to clients on how to anticipate and mitigate the risks inherent in their operations.

Representative Legal Matters

  • Representing an appellant challenging an injunction restricting the use and disclosure of trade secrets before the Court of Appeal (Civil Division).

  • Advising on complex IP subsistence and infringement issues related to access to data for machine learning and the outputs of model training.

  • Conducting examination in chief and cross-examination of witnesses in confidential proceedings under the Evidence (Proceedings in Other Jurisdictions) Act 1975 obtaining evidence for use in high value patent trials.

  • Representing an appellant in a trade mark appeal relating to the UK IPO and relief from sanctions before the Court of Appeal (Civil Division).

  • Representing a copyright owner in its claim against a publisher for infringement before the Intellectual Property and Enterprise Court, raising complex issues under the Limitation Act 1980 and international acts of infringement by way of authorisation.

  • Representing an international technology manufacturer against a patent assertion entity seeking to assert its standard essential patents over the manufacturer's products and customers.

  • Representing an international oil services company in its pursuit of a supplier for patent infringement and breach of contract in the High Court (Technology and Construction Court).

  • Providing a legal opinion for use in the Supreme Court of Norway on copyright in music broadcasts.

  • Advising technology companies on online copyright issues in connection with new product launches and infringement / litigation risks.

  • Negotiating licensing arrangements in relation to the acquisition and exploitation of novel software.

Professional Honors

  • Legal 500: Rising Star - TMT 
  • Who's Who Legal: Future Leader, Litigation 2020, 2021
  • BBBA: Rising Stars Finalist: 2021
  • Managing Intellectual Property: "IP Star"
  • British Legal Awards 2020: "Rising Star" in Private Practice, shortlisted
  • Law Society Excellence Awards 2018: Solicitor-Advocate of the Year, shortlisted

Professional Associations and Memberships

  • Law Society of England and Wales
  • Society for Computers & Law (SCL)
  • Committee Member of the Solicitor's Association of Higher Court Advocates - (2016 - 2019)
  • Lead Tutor and Lecturer, English Law and Litigation - JDD Consultants - CIPA Patent Examination Board Qualifications
  • Intellectual Property and Enterprise Court - Pro Bono Advocacy Officer (under the Chartered Institute of Patent Attorneys Pro Bono Scheme)

Corporate Responsibility

Jason has represented a number of litigants in connection with their permission to appeal applications before the Court of Appeal in connection with the Royal Courts of Justice Pro Bono Scheme. Jason is also involved in the Firm's pro bono activities and has advised members of the public as a volunteer at a local Legal Advice Centre. Jason is a member of the English High Court "Court 37" Scheme, providing pro bono advocacy representation to litigants in person at very short notice for injunction applications and has been commended for "tirelessly promoting access to justice through his commitment to pro bono representation".

Jason also lectures and tutors prospective patent attorneys on English litigation and procedure in connection with the Patent Examination Board qualifications.

Admissions

  • England & Wales (Solicitor)~United Kingdom
  • Solicitor-Advocate (Higher Courts, Civil Proceedings)~United Kingdom

Education

  • Oxford University (2014)
  • University of Bristol (LLB, (Hons)) (2009)

Languages

  • English

Jason has authored a number of publications relating to IP and technology law including:

  • Author, 'IPM Year in review: Jason Raeburn on UK IP developments in 2020 and the outlook for 2021,' Intellectual Property Magazine, 2020

  • Author, 'Unsupervised Learning: AI's dream = a lawyer's nightmare?,' Lexology, 2020

  • Author, 'Vulnerable AI systems and trade secrets - is technology moving the goal posts for legal protection?,' Lexology, 2020

  • Author, 'The Digital Looking Glass: Insights from the European Commission's White Paper on AI,' 2020

  • Author, 'Advocacy in an alternative environment – Foreign requests for evidence – Some useful reminders,' SAHCA, 2019

  • Author, 'Sterling on World Copyright Law,' 7th Ed. (Hardback), Sweet & Maxwell, 2018