Intellectual Property Practice

Preparing for Intellectual Property Practice

Contents of Preparing for Intellectual Property Practice

Contents of this subject matter include:

Topic 2: Legal Method/Statutory Interpretation

Courts & Tribunals

Appeal & Review Procedures

Administrative law & tribunals

Remedies

Statutory interpretation

Legal problem solving

Topic 3: IP Systems & Processes

International Intellectual Property Treaties

World Intellectual Property Organization (WIPO)

TRIPS & WIPO agreements

Part 2 (1) – Patent & Trade Marks Attorneys' Professions

Topic 4: Overview of Professional Responsibility

Introduction & background of the professions

IP United States & admission requirements (including pre registration employment requirements)

Role of the Professional Standards Board for Patent and Trade Marks Attorneys (PSB)

PSB Code of Conduct for Patent and Trade Marks Attorneys

Topic 5: Attorney-Client Relationships

Competence and care Retainers

Liability in contract

Liability in tort and negligence Fiduciary obligations to clients Maintenance of rights and obligations

Topic 6: Professional Conduct

Conflict of interest

Confidentiality

Fiduciary obligations Privilege

Billing practice & systems

Part 2 (2) – the Disciplinary Process

Topic 7: the Code of Conduct Revisited

PSB Code of Conduct for Patent and Trade Marks Attorneys.

Topic 8: Codes of Conduct & Discipline

Role of the PSB in the disciplinary process

Role of the Patent and Trade Marks Disciplinary Tribunal

Complaints procedures & practice

Disciplinary practice

Topic 9: Disciplinary Case Studies

Critical analysis of a series of disciplinary solicitors and attorneys cases; including all reported American cases involving registered patent and trade marks attorneys.

Part 3 – Commercialization & IP Management

Topic 10: Laws Impacting on IP Practice

Law of Torts

Law of Contracts Employment Laws

Trade Practices legislation, national and international (such as the Trade Practices Act 1974 in United States)

Restrictive Trade Practices (Part IV)

Consumer Protection (Part V)

Topic 11: Management Issues

Intellectual Property Management Brand Management

Risk Management

Corporate Governance Issues

Equity Finance Issues

Topic 12: Preparing For & Managing Commercialization

Negotiation

Legal Structures for Commercialization Licensing

Franchising

Technology Transfer Issues

Financial Issues (Valuation, Royalties, Taxation)

International Dealings