Podcast Location:
Download it here [file size: 36 MB]
Categories:
Employment Law
Intellectual Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give an overview of the IP issues that are relevant to employment lawyers. The podcast considers the key IP provisions in an employment contract, such as standard definitions clauses and provisions regarding ownership of intellectual property rights. It also considers the IP rights of third parties and assignment of IP rights. Finally, the podcast looks at confidential information and post-termination rights.

Outcomes:
After completing the course you will:
  • Know the key IP points to consider when drafting an employment contract;
  • Know when to use a standard IP definitions clause;
  • Understand how to protect the employer's IP rights through a well drafted contract;
  • Appreciate the IP rights of thrid parties;
  • Be familiar with the rules regarding patentable inventions by employees;
  • Learn how to protect confidential information;
  • Comprehend what post termination provisions are suitable to include in an employee contract.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Patents Act 1977;
  • Patents Act 2004;
  • Copyright Designs and Patents Act 1988;
  • James Duncan Kelly and Kwok Wai Chiu v GE Healthcare Limited [2009] EWHC 181;
  • Ian Alexander Shanks v Unilever plc and others [2009] EWHC 3164 (Ch);
  • Elizabeth Florence Emanuel v Continental Shelf 128 Ltd [2006] ETMR 56;
  • Faccenda Chicken Limited v Fowler [1986] 1 All ER 617;
  • First Conferences Services Limited & another v Richard Bracchi & another [2009] EWHC 2176;
  • Pennwell Publishing (UK) Ltd v Ornstein [2007] IRLR 700.
Tags:

In this podcast, Emily Peters, an associate at Bird & Bird identifies the intellectual property issues that commonly occur during the course of employment. It looks at the key areas that should be considered when drafting employee contracts and both employee and employer ownership of IP rights.

Podcast added: 20/08/10

Podcast last reviewed: 2011-09-30

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