Legal Skills: Intellectual Property: Ownership and Control

Course Code: LE-OCI      Days: 1
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24/09/08 London (Central) (SE1) £ 699
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Course Overview

The ownership and control of intellectual property rights is crucial to the success of any business. The price of making mistakes in this area is enormous and growing, and the effect of the law is often unexpected. Incorrect assumptions can lead to potentially disastrous consequences, both financially and in terms of being unable to use the material in question. This conference has been designed specifically to help you master the rules relating to the ownership and control of intellectual property rights, and to avoid the many potential pitfalls that await the unwary.

Audience

  • In-house lawyers
  • Solicitors in private practice
  • Company secretaries
  • Intellectual property directors and managers

Skills Gained

An outstanding panel of expert speakers has been assembled to give you:

  • 1. A thorough understanding of the rules relating to ownership and how to solve potential problems
  • 2. An understanding of the ownership consequences of various actions and how to avoid common errors
  • 3. Crucial guidance on how to avoid falling into the common and costly trap of failing to secure the rights which you believed you had secured
  • 4. Essential information on how to set a strategy and make the assumptions work for you
  • 5. Practical advice on how to utilise the ownership rules for your commercial advantage

Comprehensive reference materials will accompany the programme to help you derive maximum benfit from the practical advice you will be given. There will be ample opportunity for you to raise any issues that are of particular concern to you.

Course Outline

Chairman's introduction

  • Commercial background

Copyright

  • Basic rules - room for disagreement over ownership
  • Commissioned works
  • Joint ownership
  • Falling foul of assumptions
  • Arguing around the rules

Drafting IP clauses

  • License to use
  • Assignment
  • Warranty
  • Indemnity

Trade marks and brand protection

  • Ownership of registered trademarks
  • Ownership disputes
  • Controlling the use of trademarks
  • Brand protection considerations
  • Filing strategies and case studies

Database rights

  • Copyright and database right in databases
  • Who owns your databases?
  • Right to use databases
  • Issues referred to the ECJ in BHB v William Hill and resulting UK court decisions 2005/2006
  • EU Commission 2006 Review of Database Right

Ownership of patents

  • Who are inventors?
  • Employee's inventions
  • Where does ownership lie?
  • Compensation
  • Co-owners and their rights
  • Joint ventures
  • Assignments

Design rights

  • Overview of the registered and unregistered regimes
  • Subsistence and ownership of:
  • UK and Community registered designs
  • EU unregistered design right
  • UK unregistered design right
  • Filing strategies for registered designs/trade marks
  • Dyson v Qualtext (Court of Appeal, March 2006); impact on spare parts industry

Enforcement and litigation strategy

  • Dealing with an IP crisis
  • IP litigation
  • Alternatives to litigation
  • Project management: projecting and monitoring the time and cost of it all


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