What do intellectual property lawyers do?

In this newsletter, we take a look at the broad range of work that intellectual property lawyers can advise on, and we highlight some of the reasons why lawyers find this practice area appealing. But first...

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The role of intellectual property lawyers

Standalone work for intellectual property lawyers could include:

• Applying for trademarks and patents to protect clients’ intellectual property;
• Advising on copyright and geographical indications helping to license intellectual property rights to or from other parties (usually in exchange for a royalty); and
• Advising on whether proposed courses of action could breach existing intellectual property rights and initiating enforcement action (including litigation) against infringers of clients’ intellectual property rights.?

In a deal context, intellectual property lawyers may be brought in to review clauses in the target company’s contracts relating to the protection, use, transfer or licensing of intellectual property.?

This, at least in part, will be to ensure that the target has not accidentally or deliberately transferred its intellectual property to third parties, or granted perpetual, irrevocable licenses to use it.

Intellectual property lawyers may also check that the target company owns – or at least has a long-term and exclusive right to use – the intellectual property on which it relies.?

Why do people enjoy intellectual property law?

The range of transactional, contentious and advisory work typically undertaken by Intellectual Property teams can offer trainees a challenging, varied and interesting experience.?

The work can be particularly wide-ranging, from legal research and analysis to contractual drafting and due diligence, and depending on how the firm structures its practice areas, you might also be able to get involved in some data protection work and commercial agreements.?

Intellectual property work can, at times, require a deeply technical understanding of the inventions and processes from which certain intellectual property rights are derived, which can make it an attractive prospect for lawyers coming from technical backgrounds (e.g. Science, Maths, Engineering and Medicine).

For a deeper insight into the role of key practice areas and trainee solicitors, including in the context of acquisitions, complete Commercial Law Academy’s Introduction to commercial law course and A law firm's role on a transaction case study, or pick up the Training Contract Handbook.

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