A to Z of Intellectual Property Law - A 2 Day Introduction

Introduction

This two day in-person seminar will provide a gentle introduction to intellectual property (IP) law and practice.

The course is aimed at lawyers, trainees (as a PSC elective) and paralegals new to IP and will cover the different types of IP, their commercial exploitation and the different ways of resolving IP disputes. The course is not intended for practitioners with IP experience.

If relevant, the potential impact of a hard Brexit on IP will be discussed.

What You Will Learn

This course will cover the following:

• Copyright
• What can copyright protect? Can an idea be protected?
• How copyright comes into existence. How long does it last? Who is the first owner?
• Position of employees or consultants. Important issues with commissioned works
• Licensing and assigning of copyright - the vital importance of following the generally simple but strict rules. Examples of licences and assignments
• Enforcing copyright - the when, how, where, time and typical costs
• Database Right (in overview)
• What is database right? How it is different from copyright including database copyright?
• UK Unregistered Design Right and Unregistered Community Designs
• What is UK Design Right? How it differs from copyright. Duration and limitations
• Who is the first owner? Employee designers? Assignments and licences
• Community unregistered design - what is it? Its position after any Brexit - the Supplementary Unregistered Design Right
• Enforcement of both rights and the still present problem of ‘threats’
• UK and Community Registered Designs
• What is a registered design? Advantages of monopoly rights. A rapid and useful ‘petit’ trade mark? Relationship between UK and community registered designs. Position of Community Registered Designs after any Brexit
• How to apply: requirements, costs and time frames
• Enforcement in practice
• UK and European Registered Trade Marks
• What is a registered trade mark (‘TM’)? The EU legal foundation of UK TMs. The types of marks that can now be registered. Applications and why presentation and class wording must be carefully considered. Typical costs and timelines. How to challenge an application
• The great need to make ‘genuine’ use of a mark
• Trade marks and the internet - use of ‘AdWords’ and similar technologies
• Enforcement - typical costs, threats issues
• Licensing and assigning: the requirements including the need to register
• Passing Off
• What is passing off - more than just a sort of unregistered trade mark?
• Enforcing passing off: importance of goodwill and actual damage - when ‘likely damage’ might suffice. The increasing evidential role of social media
• Can passing off rights be assigned or licensed? If so, how and in what circumstances?
• Patents (in brief overview)
• A description of what a patent protects. Difficulties patenting computer programs and certain bio-inventions. Practical differences between patents, copyright and designs. European patents and the role of the European Patent Office (EPO)
• Applications for domestic and European patents, typical costs and timelines
• Employee inventors and their right to additional compensation in certain circumstances
• Assigning, licensing and mortgaging patents. Requirements and the need to register
• The still delayed European Unitary Patent and Unified Patent Court system. UK’s continuing participation following any Brexit?
• Very full notes supplied