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IP work can be divided into two main areas: so-called 'hard' and 'soft' intellectual property. 'Hard' intellectual property relates to patents, while 'soft' intellectual property covers trademarks, copyright, design rights 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. An associate at Bristows, Catherine Terry qualified into the firm's IP department, where she found herself working alongside people from a diverse range of academic disciplines. "Bristows' lawyers' educational backgrounds range from history to neuroscience, from classics to engineering. A high proportion of people here studied science and technology as undergraduates (with a number continuing as postgraduates) - which is probably not surprising, given our strength in IP." Catherine explains that one of the things she appreciates about working at Bristows is that "although the work I do frequently relates to technologies that are unfamiliar to me - such as pharmaceuticals, electronic circuits and industrial machinery - I can always find someone with a relevant specialism who is delighted to explain the underlying technology to help me reach the right legal analysis." Catherine was initially drawn to IP at university, when her first experience of the field left a lasting impression. "I chose IP law as one of my options in my final year at Bristol and found it thoroughly fascinating. It is an area where the law is constantly trying to keep pace with changes in technology, which makes it quite dynamic. I was certain it was the area in which I wanted to practise." When tracking down a training contract, Catherine tailored her applications to her chosen specialist area, and fortunately things all fell into place. "I looked for firms that could provide a comprehensive and wellrounded training, but that had a particular strength in IP, and Bristows stood out as one of the pre-eminent firms in that field. When I came for my first interview, I knew immediately that it was the right place for me to work. The enthusiasm of Bristows' people for their work is evident and infectious. I would have been disappointed if I hadn't got a training contract here." For Catherine, the continuing appeal of practising IP law lies in the importance of IP rights in today's society and the diverse ways that they affect modern commercial dealings. "There are lots of different aspects to IP," she says. "IP rights are sitting behind so much of the technology you use and so many of the products that you see every day throughout your life. When you buy your favourite beer or bar of chocolate, for example, someone will own patents covering the machinery and processes used to make it, trademark rights in the brand name and copyright in the adverts for it; and perhaps the recipe will even be a trade secret!" "The job of an IP lawyer," she explains, "is about helping people to develop technologies, creative works and brands. IP is about how to cement and protect your rights in the things that you create and different strategies and ways to then market, promote and exploit those rights. As an IP lawyer, you often feel as though you are really helping your clients to achieve something new and exciting for their product that could be of great benefit to people in general." In Catherine's view, one of the best things about being an IP specialist is the variety of work that you get to do. "One day you are working on a clinical trial agreement for a new medicinal product; the next you are advising in relation to data protection aspects of social networking websites; and then you may finish off the week advising on the terms and conditions for a prize promotion or a contract with the celebrities that will feature in an advertising campaign. No two days are the same. There's a lovely feeling of satisfaction too, when you read about the launch of your client's new product in the paper or when you see posters for its advertising campaign on the walls of the Tube on your daily commute." One of the key skills that make a good IP lawyer, in Catherine's opinion, is the ability to think commercially and practically from the client's point of view. "You need to think about the whole picture for your client, to consider both the short and long-term implications of the actions that they are taking and the advice that you are giving to them. For example, when you advise your client on a licence agreement, you should be thinking about whether the provisions of the licence are workable for your client and whether the agreement reflects what your client is actually trying to achieve. You can put the cleverest royalty calculation provisions in the world into a licence, thinking that you are protecting your client's financial position, but if the client can't apply them practically day to day, then they aren't as clever as you think and could cause problems for the client's relationship with the other party in the long run." Catherine's main concern is that prospective IP lawyers be genuinely keen and interested in the area. "The IP rights that you are dealing with may well be your client's be-all and end-all," she warns. "A little bit of enthusiasm for, and interest in, their business and technology can go a long way." When it comes to finding the right training contract for you, Catherine suggests the tried and tested route of vac schemes to find your perfect match in terms of firm and specialty. "Experience of working in any business is valuable, though," she says. "If you are working in any company, think about the IP rights that it may own or the IP rights owned by other companies that it needs to use to run its business. You may even want to ask someone senior to tell you about how the company protects its rights." She advises that one of the things most likely to impress at interview is an awareness of the relevant subject matter. "Keep an eye on the news so that you have a general awareness of what is happening with new technologies and any issues that may arise as a result of those technological advances being available. Nobody expects you to come in knowing everything as a trainee, but it will impress if you show an interest in the relevant area of law and how it impacts on day-to-day life." |
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