Collaborating with a third party can bring with it numerous benefits. Parties can work to their own strengths, share experience, and venture into new markets or territories, while sharing costs and risks. However, there are a multitude of legal considerations which need to be considered, both at the outset and as the collaboration progresses. In episode 5 of our podcast series, Joel Smith and Jessica Welborn discuss some of the key IP considerations surrounding collaboration agreements.
Listen and subscribe here: https://soundcloud.com/herbert-smith-freehills/intellectual-property-ep5
Previous episodes in our Intellectual Property Podcast series…
Episode 1: An introduction to FRAND
The UK Supreme Court is soon expected to hand down its judgment in the appeals of Unwired Planet v Huawei and ZTE v Conversant, concerning FRAND, which were heard together. In advance of the decision itself, this podcast provides a reminder of what FRAND is all about (fair, reasonable and non-discriminatory terms required in the licensing of standard essential patents) and what issues are before the Court, as well as some background to the individual disputes. Presented by David Webb and Rachel Montagnon.
Listen and subscribe here – https://soundcloud.com/herbert-smith-freehills/intellectual-property-podcast-ep1-frand
Episode 2: ‘Plausibility’ in patent law
Andrew Wells (one of the winners of the 2019 AIPPI prize for UK AIPPI Group’s study questions for his contribution on the plausibility question) and Rachel Montagnon discuss:
- The concept of ‘plausibility’ in patent law
- The EPO approach to inventive step and plausibility
- How plausibility arises in insufficiency arguments
- The approach of the English courts
- The future for the concept of plausibility in patent law
- Practical implications for innovators and patentees
Listen and subscribe here – https://soundcloud.com/herbert-smith-freehills/intellectual-property-podcast-ep2-plausibility
Episode 3: Architects’ copyright
Rachel Montagnon and Joanna Silver discuss the problems associated with the use of architects’ designs where specific permissions are not in place, and the impact on development projects, including:
- What sort of works attract copyright?
- How could these copyright works be infringed?
- Who owns copyright in architects’ designs?
- What licences can be implied if no agreement is in place?
- Termination of engagement and insolvency situations
- Escrow and collateral warranties
- Moral rights
- What relief can architects claim?
Listen and subscribe here: https://soundcloud.com/herbert-smith-freehills/intellectual-property-podcast-ep3-architects-copyright
Episode 4: Comparative advertising
Advertising that makes a comparison with another party’s products or services needs to be considered carefully. In episode 4 of our IP podcast series, Joel Smith and Victoria Horsey provide a short summary of the laws which apply and review the options for challenging misleading and unlawful adverts in the UK.
Listen and subscribe here: https://soundcloud.com/herbert-smith-freehills/intellectual-property-ep4-comparative-advertising