The LawCareers.Net Handbook 2022

Intellectual property

Intellectual property (IP) work can be divided into twomain areas: so-called ‘hard’ and ‘soft’. ‘Hard’ IP generally relates to patents, while ‘soft’ IP 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 fromcommercial 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 IPwork. Not knowing which direction to take their career is a familiar feeling for many students and Samwas no exception. Having identified that he enjoyed the challenge and process of working things out that came with his physics degree, it was only when he attended a university career fair that the idea of becoming a lawyer was put forward and he began to consider his options. “Someone actually asked me whether I had thought about becoming a patent attorney. And, at the time, I had no idea what that even was,” he laughs. “After looking into it, I secured some work experience at a patent attorney firm, then at patent litigation law firms and now I am a patent litigator.” Science to IP While Sam wasn’t interested in pursuing a career as a scientist, he knew there were certain aspects of science that still intrigued him – primarily figuring out how things worked – and IP law “was a way to carry on doing those things I enjoyed but within a far more commercial context.” That said, law school opened his eyes to a host of other practice areas, including equity and trusts, and land law, that also appealed to him. So, he set out on his training contract

at Bristows with an open mind in terms of the practice area he wanted to qualify in before coming full circle and pursuing the IP route. In his work as a patent litigator, Sam deals with clients who are technologically sophisticated and have complicated products that they want to protect the intangible value of. “They want to talk to people who understand what they’re selling and what they do as a business,” he explains. His work tends to be as much about the technology as it is about the law. Sam qualified in August 2020 and, despite it looking very different from how he had envisaged – swap celebratory drinks out at a bar with a night in due to the pandemic’s lockdown – he describes it as a “huge milestone”. Sam confirms – laughing – that “there is no magical book that tells you how to be a lawyer when you qualify.” Taking stock Describing the difference between life as a trainee and life as a qualified lawyer, Sam highlights the importance of using the extra time that comes with having fewer cases as a newly qualified solicitor to “immerse yourself in the specific case at hand”. He adds: “You have time to figure out what two to three sentences of a court document mean, for example, or to read an entire case because it looks like it is valuable to the work you’re doing on another case” – this opportunity to explore a case in much more detail often doesn’t present itself at trainee level. Sam has also enjoyed looking back on how far he has come over the years. “It’s great to take stock of all the knowledge, skills and experience that I have accumulated. That’s one of the most fulfilling things to think about.” Covid-19, Brexit and AI “Competence becomes assumed” when you qualify, Sam explains. As such it becomes even more important to stay up to date with the law and its changes. Having a sound understanding of how the business and legal

For more firms that work in this practice area, please use the ‘Training contract regional indexes’.

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