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Audience This seminar is a must-attend event for all those firms, universities and other research organisations engaged in R & D projects including: - Heads of R & D and R & D Managers
- Contract directors, officers and managers
- Legal advisors
- Business development directors and managers
This programme will also be of benefit to lawyers and accountants in private practice. Course Outline Chairman's introduction - What are R&D contracts and why enter into them?
Main categories of intellectual property and their relevance to R&D - Why are IP rights relevant to R & D?
- The main types of IP rights:
- Registered and unregistered forms of protection
- Patents, utility models, registered designs, plant varieties, trade marks
- Unregistered designs, copyright, database right
- Confidentiality (trade secrets and know-how)
- What are their advantages and disadvantages?
- Deciding on when and how to protect, e.g. by patenting or confidentiality
- Ownership issues
- Practical tips
The structure and main terms of an R&D agreement - The objectives of an R&D agreement
- The parties and specific issues relating to Industry-University arrangements
- Due diligence issues
- Definitions - foreground and background rights
- Respect of obligations of each party
- Funding
- Reporting
- Transfer of intellectual property
- Warranties and indemnities
- Confidentiality and publications
- Boilerplate
- Creation of intellectual property rights
Competition law - What are the issues for R&D agreements?
- Do those issues apply to my organisation?
- How do I resolve the issues?
- Common examples considered, including: EU model contract; JVs.
Transferring IP to spinout companies - Why go the spin-out route?
- How to deal with conflicts of interest
- What controls do you need?
- Should you appoint a director?
- Tax implications for the institution and the researcher
Enforcing for resolution of disputes in R&D agreements - Disputes over performance
- Work quality
- IPRs
- Ownership of rights
- Specific problems with Universities
- Breach of confidence
- ADr/ expert determination
- Practical issues such as disclosure
- Forum and cross border enforcement
Workshop: Typical IP and drafting issues - Ownership of IPR
- Licences of IPR
- Use of 3rd Party IPR
- Model Closures
How to make a booking for the LE-CL-DE course
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