LC.N TCPH 2020

Intellectual property

IP work can be divided into two main areas: so-called ‘hard’ and ‘soft’ intellectual property. ‘Hard’ intellectual property generally relates to registered IP rights such as patents, while ‘soft’ intellectual property includes registered trademarks and registered designs, copyright, unregistered design rights, database rights, trade secrets, confidential information and passing off. IP lawyers advise on issues ranging from commercial exploitation to infringement disputes, and agreements that deal either exclusively with IP or with IP rights in the wider context of larger commercial transactions. Many lawyers specialise in either contentious or non-contentious IP work. To gain insight into the roles of solicitor and barrister, and so that he could decide which career path to pursue, Joseph Sako did some work experience in both a chambers and a solicitors firm. “I love working with other people and I felt that there were more opportunities to do that as a solicitor than as a barrister, who work more independently. That’s what swayed me to pursue the solicitor route.” Nevertheless, Joe’s decision wasn’t simple – he was attracted to the advocacy element of barrister work. Happily, for Joe, his work experience helped him to understand that advocacy is something that can be part of a solicitor’s role later down the line, so nothing was left abandoned. Patents – variety is the spice of life Joe completed his training contract at Bristows, undertaking five seats and a three-month secondment at a technology consultancy company: “Bristows offers a combination of three and six-month seats, which allows trainees to experience a variety of different departments and interact with many people, helping to maintain the firm’s cohesive culture.” However, it was his six-month seat in the intellectual property (IP) litigation department that captured his

imagination: “Before Bristows I had an eye on IP, but I was keeping an open mind. At Bristows there is a split between contentious and non-contentious IP work, which spans all the different rights. I was fortunate enough to experience a bit of everything. During my seat I became fascinated by the variety that comes with working with patents – one day you can be working on an HIV drug and the next day, on an obscure invention in a different field entirely.” The day-to-day work in patent litigation is varied and Joe points out that it all depends on what type of case or stage of dispute you are at as to how your day goes: “A big chunk of your time will be spent getting to grips with the technology of a patent and working closely with experts. Then there’s the strategy to be built with the clients. And if the dispute is international, you must ensure that the jurisdictions align – you can find yourself working as a project manager.” Expert eye Working with experts at the top of their field is one of the highlights of his career in patent litigation. “It’s great being able to work with experts. You learn so much. You also have to become something of an expert yourself; you must understand the technology well enough to present sophisticated legal arguments and draft expert reports. I also like the strategic element of patent litigation; it requires you to think of inventive ways to achieve your client’s commercial objectives.” Nevertheless, while working with technology experts is a real privilege, Joe recommends keeping sight of all those other legal details. He mentions that one of the grittier aspects of law is keeping an eye on the Civil Procedure Rules and the numerous court guides and deadlines. “You’ll find that you get really into the technical details, but it’s important not to have tunnel vision – it can be a little irritating, keeping on top of these things.”

For more firms that work in this practice area, please use the “Training contract regional indexes” starting on p205.

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