果冻影院

Overview

This course 12 one-hour online sessions will examine a range of legal and practice issues relevant to intellectual property (IP) agreements. The course is held between 1-2pm on 4 x lunchtimes per week over three weeks

By the end of the course, you should have greater confidence in your ability to draft and interpret IP agreements, and a greater understanding of the legal framework that underpins such agreements.

Course content

1.聽Law: The IP law framework for IP agreements

• Ownership: employees, commissioned works
• Types of transaction: assignments, licences, charges
• Implied terms

2.聽Practice: Ownership terms in IP agreements

• Foreground and background IP,聽ownership of results
• Assignment
• Options

3. Law: Key competition law issues affecting IP agreements

• Articles 101 and 102 TFEU, UK competition laws
• Block exemptions and Commission Guidance documents
• Red-flag clauses in licence agreements and R&D collaborations
• Drafting grant clauses in intra-EU licences

4.聽Practice: Licence clauses

• Definitions: field, territory
• Licensing different types of IP
• Scope of licence: permitted acts, exclusivity
• Other licence qualifiers: perpetual, irrevocable, etc
• Sub-licensing
• Covenants not to sue

5. Law: Selected legal and policy issues affecting public bodies (including universities) that generate IP

• Charity and tax laws
• State aid
• Freedom of information
• Need for publications

6. Practice: Confidentiality and publications

• Standard confidentiality obligations and exceptions
• Special confidentiality terms for results
• Special terms for universities and public bodies
• Publication rights

7.聽Practice: Payment terms

• Upfront and milestone payments
• Royalties and minimum royalties
• Net Sales and Net Receipts definitions
• Royalty stacking
• Combination products
• Payment reduction clauses (e.g. most favoured licensee)

8.聽Practice: Diligence obligations

• Milestone activities and 鈥渂est endeavours鈥� type obligations
• Development plans and reports
• Disputes over diligence, including use of ADR
• Consequences of non-diligence

9.聽Law and Practice: Risk allocation clauses

• IP warranties
• Capping and excluding liability
• Different kinds of indemnity
• Entire agreement clauses
• Insurance

10.聽Practice: Other selected clauses in IP agreements

• Work obligations in R&D agreements
• Quality control, audit and goodwill clauses in TM agreements
• Managing infringement disputes re licensed IP
• Waivers of moral rights in copyright-related agreements

11.聽Law and Practice: Termination

• Expiry, and termination for convenience
• Termination for breach or insolvency
• Consequences of termination, including purchase of improvements

12.聽Practice: Selected boilerplate clauses in IP agreements

• Assignment and change of control
• Force majeure
• Interpretation
• Law and jurisdiction

Who this course is for

This course is for聽lawyers, contract managers or others working with IP agreements.

Teaching and structure聽

Sessions will run online from聽1pm to 2pm each Monday.聽

This course will be held using Zoom. You'll be sent the meeting details 1 week before the start of the course.

Each session will be recorded so, if you miss a session, you'll have 7 days to catch up.

Costs and concessions

The standard price is 拢800.

Discounts are available for:

• 果冻影院 Alumni
• 果冻影院 Institute of Brand and Innovation Law sponsoring firms
• full-time academics
• lawyers working in the NHS or NGOs
• group bookings

Course team

Mark Anderson

Mark is a practising solicitor, who is recommended in Chambers Directory for both life science transactions and IP. He's recommended in the international guide, IAM Patent 1000, as a leading UK lawyer in the field of IP licensing. His blog on IP contracts, IP Draughts, was made a member of the Blawg100 by the American Bar Association in 2012. He's a Certified Licensing Professional (a qualification established by the Licensing Executives Society (US and Canada)) and a Registered Technology Transfer Professional.

He's run CPD courses on IP and contract subjects since the 1990s. He is a visiting lecturer at the 果冻影院 Faculty of Laws, and is the course director of a 5-day course, Intellectual Property Transactions: Law and Practice, which is run by 果冻影院鈥檚 Institute of Brand and Innovation Law. This course has won two awards: a Law Society Excellence Award (Highly Commended) in the Learning and Development category, and a 果冻影院 Provost鈥檚 Teaching Award.

Course information last modified: 20 Feb 2024, 15:38