The Rookie Lawyer
23/08/2024
Reading time: two minutes
My law conversion course exposed me to many new areas of law – property, trusts and business law among them. But one area was yet unexplored: an area of law that I'd always been encouraged by others to look into, probably on account of my artistic background, but never quite got the chance. That area was intellectual property law or IP law.
I understood the gist of IP law – working with creatives and businesses to protect their ideas from copyright infringement – but had never fully explored it. From that uncertainty and curiosity, this article was born: so if, like me, you're curious about IP law, read on!
IP covers intellectual creations, in other words, ideas like music, designs, brands and artwork. IP law enforces and protects the rights, rules and ownership of creative property. This can be achieved through copyright (for literature, music and art), patents (typically for technical inventions) and trademarks (for products and services).
IP law can be contentious (eg, in cases where a client's IP is stolen or their rights breached) and non-contentious (as in cases where a client needs advice on how to protect or register their IP).
An IP lawyer specialising in non-contentious work would typically check and register their client's IP rights, draft commercial agreements allowing others to use those rights, and meet with and advise clients on this process of registration. An IP lawyer specialising in contentious work would be involved in disputes over IP, such as where a client's rights have been breached or abused. Other tasks include preparing, drafting and reviewing patent or trademark documents; advising clients; and drafting and sending letters (where a dispute has arisen).
IP lawyers may deal with a variety of clients, from pharmaceutical companies to musicians. So, it's important to have a broad understanding of both the wider commercial landscape and your client's specific industry. A background in other fields such as science or technology might help, but aren't required. Attention to detail is also paramount – particularly when filling out registration forms or drafting relevant documents. You also need to have the ability to multitask. IP solicitors often handle multiple projects in numerous different areas at once. They may even be called to work on the IP aspects of projects of other legal departments. Creativity and adaptability are also key. Working with such a wealth of clients in such a broad range of industries means that IP solicitors must be willing to learn and adapt to novel ideas, concepts and terminology.
Developments in AI and technology have created new problems regarding IP rights – including issues like illegal streaming. Brexit, too, has introduced uncertainty as to trademark law. For example, UK businesses that have gone for the broader EU trademark may have to consider reapplying for the UK trademark in order for their rights to be registered.
IP law is a rapidly developing area, at the command of cultural, geopolitical and technological developments. Hopefully, this article has given you a bit of an insight into this practice area – and the creativity, passion and knowledge it demands from its lawyers.