Course dates
Course overview
Rapid growth in Asia’s business sectors, especially hightech, telecommunication and pharmaceutical, has led many organisations to acknowledge the value of intellectual property. International and domestic companies operating in Asia are filing more patents than ever before and taking infringement issues far more seriously. Paramount to a company’s business strategy is its long-term approach to IP.
Organisations need to invest time, money and resources in developing a cohesive business strategy that recognises how vital IP is to the core of its business. Adopting the correct IP procedures, knowing the appropriate jurisdictions, and developing the most up-to-date strategies for IP protection are all crucial for global companies to keep expanding, whilst adding brand value and protecting assets.
This two-day course focuses on all the aspects of international intellectual property of which companies need to be aware. Copyright, patents and trademark issues will be addressed, as well as licensing agreements and up-todate procedures that relate to IP enforcement.
Summary of course content
- Legal issues in copyright, patents and trademarks
- Commercial considerations around IP
- Protection of trade secrets
- Licensing Agreements
- IP enforcement Rights
Methodology
Delegates will come to grips with these key issues through lectures, discussions, case studies and practical exercises.
Who should attend?
- Heads of Legal
- IP counsel and advisors
- In-house counsel
- Commercial managers
- Licensing professionals
- R&D managers
- Due diligence personnel
Supporting publication
Day 1
Registration commences at 8:30
Programme runs from 9:00 - 5:00 daily
Introduction
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Forms of IP and best protection methods
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Modern value of IP
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Commercialisation and exploitation
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Practical considerations for enforcing IP rights
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WIPO and effect of international treaties
Copyright
Drafting exercise: Draft a clause in an employment contract, whereby the employer will recognise future endeavours of the employee to some extent, as an exception to the rule
- Assignments and licences
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Applicable contractual principles
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Consideration
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Exclusive agreements re: parties and jurisdictions
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Perpetuity and non-revocation rights
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Commercial pitfalls and drafting considerations
Practical exercise: Review a bio-pharma licence agreement between 2 parties, discuss commercial considerations and, having split into two camps, suggest amendments to favour one party over another
Practical exercise: Compilation of litigation checklist (after in-class collaboration) so delegates know what evidence to collect, instructions to summarise and can act swiftly to start enforcement proceedings to protect IP
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Performers’ rights
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Moral rights
Patents
- Legal basis
- Subject matter
- Specific areas
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Biotechnology
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Health sciences
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Pharmaceuticals
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Computer technology
- Creating patent rights
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Ownership
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Application process
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Filing and examination
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Grant
- Opposition, revocation and lapse
Day 2
Patents (continued)
- Infringement
- Commercialisation
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Assignments
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Technology transfers
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Licences and royalties
Practical exercise: Delegates will be shown samples of each style of commercialisation agreements for discussion and comparison after which, they will break into small groups to amend or redraft where necessary
Trade marks (TM)
Practical exercise: Delegates shall prepare a checklist of IP considerations when drafting an exclusive distribution agreement
Passing-Off
- 3 elements and 5 criteria to establish
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Goodwill and reputation
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Misrepresentation
- Damaged suffered - types to claim, remedies
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Preventative measures and additional protections against misbehaving employees and email hackers
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Competing interests and policy decisions
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False indorsement and celebrity IP including catchphrases
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Geographical indications for wine
Protection of trade secrets and confidential
Material
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Law of confidence and proving a breach
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Limiting principles of confidentiality
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Implied duty of confidentiality
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NDAs
Drafting exercise: Delegates will be asked to draft a short NDA to allow a venture capitalist access to examine a new invention in pre-patent state
New technologies and IP
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Conflict with copyright policy and principles
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Technology protection mechanisms
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ISP liability
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P2P (file sharing) cases
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Google book search case
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Free software and copyleft
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Protection of domain names
Indigenous IP
Commercial considerations around IP
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Considering an IP Investment
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Due diligence
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Impediments to charging IP
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APRA, AMCOS and other collection agencies
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Regulators (i.e. IPOS) and enforcement agencies (i.e. AFACT)
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Private measures to impede counterfeit goods andpirated works
- WIPO dispute resolution methods
Hilton Hotel Singapore, Singapore, Singapore
This programme takes place on a non-residential basis at Hilton Hotel Singapore. Non-residential course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.
InterContinental Grand Stanford Hotel, Hong Kong, Hong Kong
This programme takes place on a non-residential basis at the InterContinental Grand Stanford Hotel. Non-residential course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.
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Siobhan Cool
General Counsel and Group Secretary to the Skywest and Avation Groups
Siobhan Cool is General Counsel and Group Secretary to the Skywest and Avation Groups, which are variously traded on the ASX and the secondary markets of LSE and operate an Australasian airline and an international aircraft leasing business. She led the group's legal team in the asset acquisition of the airline and her role now covers various transactional work including the negotiation, purchase, finance and leasing of aircraft, corporate governance and compliance issues as well as day-to-day legal matters for the group.
Siobhan spent seven years as a barrister in private practice in Australia dealing with commercial, intellectual property and criminal law. Her international work experience includes private and public sector work in Australia, Ireland and the United Kingdom, where she dealt primarily with commercial litigation. Her academic experience involves past positions with the National University of Singapore, the University of Queensland and Griffith University, Queensland.
Siobhan has also served as a member of several prominent boards such as the Council for the Bar Association of Queensland where she was Assistant Secretary for three years, as well as the Management Committees of the Caxton Legal Centre Inc. (Qld) and the Australian & New Zealand Association of Singapore.
Courses run by this instructor
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Course dates