Guidance on the use of PLC IPIT & Communications resources for trainees and new joiners in IPIT/TMC teams, and those new to IP, IT and communications law.
Do you have trainees or newly qualified lawyers joining your IPIT/TMC department? Are you a trainee or a newly qualified lawyer moving to your firm's IPIT/TMC group and keen to refresh your knowledge of key areas of IP, IT and communications law? Have you moved in-house and now find yourself having to get to grips with IP, IT and communications law? We have put together a guide to the materials that will be useful if you are arranging training for others or looking for materials for yourself.
Close speedreadThe PLC IPIT & Communications service includes a extensive range of resources. You can choose to access them in a number of different ways depending on the nature of your department, the type of work you are involved in and your own preferences for navigating your way around a website (for example, the extent to which you prefer to rely on a site's search function).
To help you familiarise yourself with the service's resources, we have set out below a guide to the materials available on the site.
As you will see from the homepage, the service's topics are divided into three main practice areas:
Intellectual property.
IT and information law.
Communications and media.
Within each topic you will find a variety of resources (each type of resource can be accessed via the tabs at the top of the relevant topic page; see Trade marks, for example). The resources include practice notes, standard documents, checklists, legal updates and articles.
For a round up of some of the key legal developments in the field of IP, IT and communications law during 2011, and an outline of key expected developments in 2012, see Article, IP, IT and communications law review of 2011 and preview of 2012 (www.practicallaw.com/2-513-9350).
This topic covers the following:
Confidentiality;
Copyright;
Databases;
Designs;
General IP;
Passing off;
Patents;
Research and development; and
Trade marks.
Background law: Practice notes
As a starting point and for a brief overview of the different types of intellectual property (IP) rights, see the quick guide (www.practicallaw.com/0-382-1312).
For each individual IP right there is a corresponding overview note. These notes provide an excellent starting place to review a particular area of law:
Overview of know-how and technical assistance (www.practicallaw.com/3-107-3664).
Overview of rights in databases (www.practicallaw.com/4-107-4762).
Overview of registered designs (www.practicallaw.com/7-107-4685).
Overview of collaborative R&D agreements (www.practicallaw.com/7-107-3742).
Exploitation: standard documents
Again, for each IP right you will find a range of materials covering the exploitation of that right. The detailed drafting notes that accompany each document will be of particular help. On the whole, these notes explain the background law that underpins the agreement, provide commentary on key clauses and rehearse the agreement's main negotiating points. The documents can be downloaded in Word format.
Examples of the assignments, licences and accompanying materials that you are most likely to encounter as a junior lawyer are:
Assignment of intellectual property rights (pro-assignor) (www.practicallaw.com/7-500-7149) (see also pro-assignee (www.practicallaw.com/0-500-7124) version).
Confidentiality letter agreement (www.practicallaw.com/6-107-3667).
Copyright assignment (pro-assignor) (www.practicallaw.com/8-500-7163) (see also pro-assignee (www.practicallaw.com/1-500-7265) version).
Patent assignment (pro-assignor) (www.practicallaw.com/0-500-6148) (see also pro-assignee (www.practicallaw.com/1-500-6096) version).
Patent and know-how licence (www.practicallaw.com/9-500-6460).
Trade mark assignment (pro-assignor) (www.practicallaw.com/7-500-7007) (see also pro-assignee (www.practicallaw.com/3-500-6552) version).
As a junior lawyer, you may be responsible for implementing the post-completion steps of a transaction. The following practice notes will be of assistance here:
Quick reference: checklists
If you require a quick-reference guide when drafting a particular agreement, or need a framework when taking instructions from a client before drafting a document, you should refer to the service's checklists (www.practicallaw.com/5-107-4827).
This topic covers:
Data protection;
Freedom of information; and
Information technology.
For a preview of the IT law developments that we may expect in 2012, see Article, Trends in information technology law: looking ahead to 2012 (www.practicallaw.com/4-517-0085).
Background law: practice notes
Again, the service includes a number of overview-style notes to guide you through the relevant areas of law under this topic. These include the following practice notes:
Data protection
Overview of the UK data protection regime (www.practicallaw.com/7-107-4765).
Overview of the EU data protection regime (www.practicallaw.com/8-505-1453).
Cross-border transfers of personal data (www.practicallaw.com/0-201-5764).
Developing a UK data protection strategy (www.practicallaw.com/1-504-7756).
Freedom of information
Freedom of information (www.practicallaw.com/0-200-9452).
Information technology
Main issues in software licensing and maintenance contracts (www.practicallaw.com/7-107-4789).
Main issues in systems integration contracts (www.practicallaw.com/2-107-4777).
Main issues in outsourcing contracts (www.practicallaw.com/6-107-4775).
Software and business method patents (www.practicallaw.com/9-102-5137).
Software business acquisition: due diligence issues (www.practicallaw.com/4-506-5824).
Standard documents
The documents under the IT and information law heading include:
Data protection
Data processing clauses (pro-customer (www.practicallaw.com/3-210-4966)and pro-processor (www.practicallaw.com/0-239-2968)).
Consents to receive unsolicited direct marketing material. (www.practicallaw.com/5-206-2055)
Information about cookies: long-form notice (www.practicallaw.com/3-517-2184) and short-form notice (www.practicallaw.com/7-517-2182).
Freedom of information
FOIA standard form correspondence (www.practicallaw.com/3-384-8720).
Information technology
Several software agreements (for example, Standard documents, Click-wrap software licence (www.practicallaw.com/6-206-0051) and Software licence agreement (pro-customer) (www.practicallaw.com/7-107-4812) (see also pro-supplier (www.practicallaw.com/3-107-4814) version)).
A range of purchase agreements (such as Standard documents, Agreement for the purchase of IT services (pro-customer) (www.practicallaw.com/2-201-2284) and Conditions for the purchase of IT equipment (pro- customer) (www.practicallaw.com/3-201-2231)).
Software as a service (SaaS) subscription agreement (pro-supplier) (www.practicallaw.com/9-385-2554).
Systems integration agreement (pro-customer (www.practicallaw.com/6-201-4002) and pro-supplier (www.practicallaw.com/7-201-3177)).
An important feature of a number of our standard documents is that they are drafted from different perspectives, see for example, Standard documents, Conditions for the purchase of IT equipment (pro-customer) (www.practicallaw.com/3-201-2231) and Conditions for the supply of IT equipment (pro-supplier) (www.practicallaw.com/8-201-2262).
Toolkits
Toolkits, which include practice notes, standard documents, policy statements and checklists are available on the following topics:
Open-source software (www.practicallaw.com/5-504-1050). This toolkit of resources assists in understanding the nature of open-source software licensing and managing its use within an organisation.
Privacy and data protection (www.practicallaw.com/6-504-6896). This toolkit assists an organisation in developing and implementing a strategy for complying with privacy and data protection laws.
This topic covers:
Communications;
Internet;
Media; and
Privacy.
Background law: practice notes
Communications
Communications: a quick guide (www.practicallaw.com/9-503-2464).
Overview of telecoms regulation (www.practicallaw.com/6-354-7952).
Broadcasting regulation: a quick guide (www.practicallaw.com/4-504-3931).
Overview of broadcasting content regulation (www.practicallaw.com/8-381-7556).
Audiovisual Media Services Directive (www.practicallaw.com/3-285-1978).
Premium-rate phone services (www.practicallaw.com/9-504-8262).
Satellite: an introduction (www.practicallaw.com/2-501-1870).
Voice-over-internet protocol (VoIP) (www.practicallaw.com/5-379-0582).
Internet
Media
Privacy
Privacy law: key legislation and cases (www.practicallaw.com/5-507-0900).
Privacy implications of social-networking sites. (www.practicallaw.com/9-501-3502)
Exploitation: standard documents
The following are some of the more common agreements that you may be asked to draft or advise on as a junior team member:
Website hosting agreement (pro-customer (UK) (www.practicallaw.com/5-107-4808) and pro-supplier (www.practicallaw.com/6-107-4803)).
Website design and development agreement (pro-customer (UK) (www.practicallaw.com/2-107-4800) and pro-supplier (www.practicallaw.com/6-107-4799)).
Short-form privacy notice (www.practicallaw.com/2-500-4841).
Media: standard documents
The service includes a range of film, TV and music materials, among others, and includes those listed below:
Film director's agreement (www.practicallaw.com/9-503-8102).
TV format option and licence agreement (www.practicallaw.com/5-505-6329).
TV contributor's agreement (www.practicallaw.com/3-381-0538).
Music publishing agreement (www.practicallaw.com/9-502-7071).
Management agreement: group (www.practicallaw.com/2-386-3886).
These resources are also available via PLC Media (see below).
Toolkits
Current toolkits in the area of Communications, privacy and media are as follows:
Social media toolkit (UK) (www.practicallaw.com/8-504-4981). A toolkit of resources, including a social-media policy, checklists and a practice note, relating to use of social media, based on law applicable in the UK.
UK privacy and data protection toolkit (www.practicallaw.com/8-504-7814). This toolkit of resources assists an organisation in developing and implementing a strategy for complying with the Data Protection Act 1998.
In January 2012 Practical Law Company launched PLC Media, a new resource for in-house counsel, private practitioners and legal business managers in the media sector.
PLC Media contains guidance notes, checklists and standard contract forms in the areas of advertising, communications, film, internet, music, publishing, social media and TV.
The PLC Media team also publishes regular articles commenting on legal and business topics in the media sector, which you can receive via the PLC Media RSS feed or by following @PLCMedia on Twitter.
PLC Media is free to existing subscribers to the PLC IPIT & Communications and PLC Commercial services.
There are several ways to use the service to ensure that you remain up to date with new developments:
Legal updates. To keep track of changes in IP, IT and communications law each week, you should sign up to our current awareness e-mails. Our weekly e-mail is delivered to your inbox early on a Friday morning. The contents of each month's weekly e-mails are also collated into a monthly e-mail delivered at the end of every month. To sign up for our e-mails, click on Register for e-mails in the "Welcome" box on the IP, IT & Communications homepage. All PLC updates are available via RSS. See details (www.practicallaw.com/9-501-3639) on how to subscribe to our RSS feeds.
Twitter. PLC IPIT & Communications is on Twitter. We post tweets with links to all our updates when they are published, so subscribers can keep up to date on Twitter by following us at @PLCIPITComms.
Legislation tracker. For up-to-date information on the progress of key EC and UK legislation in the fields of IP, IT and communications, from consultations and draft proposals to adoption or enactment and implementation, see our Legislation tracker (www.practicallaw.com/3-107-4772).
Hot topic articles. To keep up to speed with what is going on in the relevant sectors generally, see our Hot topics (www.practicallaw.com/4-378-7797) page. Recent articles include Mobile payments: the e-money regime (www.practicallaw.com/1-517-2905) and Where are we with the Digital Economy Act? (www.practicallaw.com/0-513-7069)
You may be asked to review the IP and IT provisions in a range of corporate and commercial agreements. The setting may be, among others, an asset purchase, a share purchase or a joint venture. The PLC IPIT & Communications service includes the following relevant materials:
Practice notes
Standard documents
For guidance on matters such as drafting IP and IT warranties for particular corporate transactions, you should refer to the corporate IP documents (www.practicallaw.com/6-107-4737) and corporate IT documents (www.practicallaw.com/6-107-4737) headings of the service's Standard documents (www.practicallaw.com/6-107-4737) page.
Other relevant documents include:
Intra-group assignment of intellectual property rights (www.practicallaw.com/3-422-4542).
Intra-group licence of intellectual property rights (www.practicallaw.com/1-422-4543).
If you require guidance on the relevant statutory provisions and key cases concerning threats to sue for infringement of IP rights, or practical advice on how these may affect any IP disputes, you should refer to Practice note, Threats actions and IP rights (www.practicallaw.com/9-370-7963).
The service includes a series of specimen letters of claim for breach of confidence, copyright infringement, design right infringement and registered design infringement, passing off, patent infringement and trade mark infringement. These materials appear on the Standard documents (www.practicallaw.com/6-107-4737) page and are listed under the Contentious IP (www.practicallaw.com/6-107-4737) heading.
A Notice and take-down letter (copyright) (www.practicallaw.com/7-506-4804)under Article 14 of the E-Commerce Directive (2000/31/EC) involving copyright infringement is also available.
For a summary of how the UK IP regime applies to employees and consultants, you should refer to Practice note, IP issues in relation to employees and consultants (www.practicallaw.com/5-200-2151).
This note is supplemented by a number of standard documents, including long-form (www.practicallaw.com/6-200-2136) and short-form (www.practicallaw.com/4-200-2137) IP clauses for employment contracts, and an IP clause for use in a consultancy agreement (www.practicallaw.com/2-201-2608).
Although the main focus of the service is UK law, the site also has a number of cross-border resources. As set out on the homepage, the service provides access to the following multi-jurisdictional guides:
These resources provide structured overviews of national laws in overseas jurisdictions. They are designed to provide enough detail on overseas laws to enable UK lawyers to brief lawyers in other jurisdictions and to analyse their replies.
Each guide includes a country-specific Q&A guide to the relevant area of law in the form of an online tool which enables subscribers to search a topic by question and jurisdiction (see, for example, the IP in Business Transactions Handbook: Country Q&A tool (www.practicallaw.com/7-501-7488). The tool is accessible via a link at the top of each guide's homepage.
PLC subscribers have access to a wide range of media resources as set out in the Practical Law Media Centre. These include online demos that are designed to provide a succinct overview of all PLC's services; podcasts and webinars that bring together legal experts and industry specialists to provide deep insight into topical subjects and, regulatory and legislative developments; and a selection of training materials and subscriber events. The training webinars may be viewed after the date that they were originally screened.
