Mastering IP Ownership - Avoid Disputes & Protect Your Rights

Introduction

Who truly owns an intellectual property right? Whether it’s a copyright, trade mark, patent, registered design, passing off right, design right, or supplementary unregistered design right (‘SUDR’), the question of ownership isn’t always straightforward and disputes can be costly and bitter.

This new half-day course dives into the factors that determine who legally holds or licenses a specific IP right. It will explore both statutory and common law provisions, showing where they may be clear and where disputes often arise over assignments, licenses, and ownership.

Learn how to assess ownership at the moment the right comes into existence and after any subsequent changes. Discover practical strategies to make binding ownership corrections without resorting to expensive court proceedings. Protect your rights, save time and avoid unnecessary conflict.

Join us for this focused seminar designed for those with a general knowledge of IP and gain the insights you need to navigate ownership issues confidently.

What You Will Learn

This course will cover the following:

• Who is deemed to be the first owner of an IP right? The statutory and/or common law provisions. Is there a difference between ownership and entitlement to IP rights?
• The provisions relating to who is a valid licensee and whether a licence described as exclusive might not be so on proper examination
• Assignments and licensees - the requirements and the potential traps
• When an agreement clearly described and appearing to be an assignment might be held to be a licence and vice-versa
• Trying to demonstrate and the effect of an equitable assignment
• Partial assignments and licenses - the very real need to consider any wording and effect with great care, especially as to scope
• The position of employees and the maybe unexpected special provisions that might be applicable in a given case
• Joint authorship - what needs to be established? Rights as between joints authors?
• Co-ownership of an IP right
• Formal co-existence agreements
• Are binding proceedings as to entitlement, ownership and licences for registered rights available through UK IPO? How might any mechanisms operate in practice? If available, are they likely to be cost and time effective? What about the special position of unregistered design rights?
• Mediation and arbitration and their use in ownership and licensing disputes. What are the advantages and disadvantages? Does a court now really expect parties to have genuinely considered ADR before commencing court proceedings?