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David Swain

David SwainPartner

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I am the Head of Intellectual Property at Lewis Silkin's Hong Kong office.

Before joining Lewis Silkin, I trained and qualified at a large city firm in London, mainly advising in relation to pharmaceutical/medical device patent litigation, before moving to Hong Kong to join one of Hong Kong's biggest local firms to concentrate on non-contentious IP issues.

I have a Bachelor of Science (Hons) degree in Biochemistry from Imperial College of University of London, England, a Master of Science degree in Entrepreneurship, Science & Technology, University of Nottingham, England and an LLB from The College of Law, London, England. I also hold a Postgraduate diploma in Intellectual Property Law and Practice from Oxford University, England.

I have been on secondment to GlaxoSmithKline where I advised on the sale and purchase of H1N1 vaccine to the Ministries of Health in numerous countries in the Middle East and North Africa and on numerous distribution agreements in the CIS.

I am a member of the International Association for the Protection of Intellectual Property (AIPPI), the Hong Kong Institute of Trade Mark Practitioners (HKITMP), and the Licensing Executives Society (LES). At LES, I have been a Council Member of the Hong Kong Sub-Chapter since 2017, was the Chair of the Organising Committee for LES’ inaugural Asia-Pacific Young Members Congress (YMC) in Hong Kong (2018), was a Co-Chair of the Communications Committee (2019-2020), and am currently a Co-Chair of the Membership Committee and the new Chair of the YMC for 2021-2022.

I am dual qualified as a Solicitor in England and Wales and Hong Kong.

Commercial IP

My practice involves working with multi-national and national clients on a range of cross-border and local non-contentious IP issues. My main focus is advising clients in relation to commercial/transactional IP matters including complex licensing, assignment, manufacturing, service, and distribution agreements, and the IP aspects of corporate transactions (including IP due diligence and stock exchange listings) in a range of sectors including energy and infrastructure, entertainment, fashion, financial services, food and beverage, information technology (including software, e-commerce, and gaming). In particular, my training and experience has made me one of the rare lawyers to have valuable expertise in the life sciences sector. I have advised both public sector (including the Hong Kong Government and Hong Kong's top universities) and private sector clients on the IP aspects of a wide range of corporate and commercial projects.

Data Privacy & Protection

I advise on a variety of personal data matters, including general personal data/privacy matters, privacy policy documents, terms of business, performing audits, and handling data breaches.

I am the author of a number of articles on data protection, including for LexMundi’s Newsletter on Data Protection. I am also the co-author of the Hong Kong chapter of LexMundi’s Data Privacy Guide (2016-2020), and the co-author of the Hong Kong Chapter of “Data Protection & Privacy – International Series (Third Edition)” published by Thomson Reuters (2016).

Awards and Recognition

  • Chambers Great China Region 2022 (IP international Firms) – Up and Coming lawyer. “He has always been prompt to respond, has listened to our feedback but pushed back where he thought it was necessary to protect our legal position. He is also highly personable, takes the time to talk us through each item in a way that is understandable to a lay-person and he has been extremely good at estimating his time upfront, so we have never had a bill that went over what was budgeted for”.
  • China Business Law Journal - Rising Star lawyer for China-related business (2022)
  • Legal 500 - Intellectual Property: Patents (contentious and non-contentious) Tier 5: “David Swain … enhanced the commercial and licensing offering” (2022)
  • Legal 500 - "David Swain has a flourishing transactional IP practice”. Recognised as a Key Lawyer in 2020.
  • Managing Intellectual Property - Rising Star (2019) and Notable Practitioner (2020)
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