Institute of Brand and Innovation Law
CPD Course: Commercialisation of Intellectual Property Law
About this course:
This course explores the application of intellectual property law in the commercial environment, including licensing, joint ventures and franchising. At the end of the course you will be enabled to demonstrate the following:
- A systematic understanding of the various mechanisms for the commercialisation of intellectual property rights, including licencing, joint ventures and franchising.
- A critical awareness of the legal, structural and commercial difficulties arising from the commercialisation of intellectual property rights.
- The ability to critically analyse and interpret the relevant legislation, the case law and legal documentation as well as academic literature in the field.
This course is held on Mondays from 12 - 2pm
- Dr Christopher Stothers (UCL / Arnold & Porter
- John Hull (UCL / Memery Crystal LLP)
- Prof. David Llewellyn (KCL)
|Introduction to IP Law
Patents, Trade Marks, Copyrights, Designs, Plant varieties, Confidential information, Differences between authorship, ownership and the right to exploit. Commissioned works. Dealings generally - assignments, different types of licenses (sole and exclusive, oral and written, express and implied), Termination
Dealings in Copyrights:
Licensing, franchising, merchandising, photo, architects, films, categories of industry set out in Copinger
|Dealings in Trade Marks
Difference between registered and unregistered rights. Registered users.
Quality Control. Trusts. Franchising. Merchandising. Right to sue.
|Dealings with Patents
Licences and assignments. Agreements to assign. Oral and written licences/assignments. Defining rights. Compulsory licensing. International aspects (TRIPs & Doha Declaration). Right to sue. Licences of rights. Registration of assignments/licences. Assignee/Licensee estoppel. Patent Pooling. Standard Setting, Patent ambushes and FRAND. Crown use. Employees' statutory compensation rights. Dealings in Plant varieties.
|Dealings in Know How and trade secrets
Nature of the rights, express and implied creation of rights, relative secrecy, licences and assignments. Oral and written licences/assignments. Defining rights. Right to sue.
Employees' rights. Restrictions on employees during the post employment. Unreasonable restraint of trade. Whistleblowing.
|Dealings in Registered and unregistered designs
Software licensing, shrink wrap, dealing with software.
|Due Diligence, Corporate Transactions, Audits
IP due diligence in corporate transactions, IP issues in corporate transactions, IP audits.
|The Internet and IP dealings
Including domain name disputes, website design/hosting.
|Antitrust and IP dealings
UK, EU and US, EU free movement issues.
|IP valuation and securitization
Enforcing rights, litigation (interlocutory, full trial, Anton Piller and Mareva), damages and accounts of profits, arbitration (choice of law, choice of forum, enforcement of awards, arbitrable disputes), mediation, ICANN Settlement agreements.