Title Intellectual Property Lawyer
Salary 150K
Location Cornwall Devon
Job Information

IP Lawyer;
Intellectual Property;
Cornwall Devon;
Retainer plus percentage of fees;
OTE 150K;
Career Opportunity;
Employed or Self Employed;
2 days in the office
3 days working from home office.
Awesome Potential
Contentious & Non Contentious work;
Client Marketing;
Ready caseload;
Greenfield Site within law firm.

We seeking to find an Intellectual Property lawyer that can deal with clients ranging from large multinational companies, through to SMEs, start-ups and individual inventors.

You will have work experience assisting clients protect, manage, exploit, enforce and defend their intellectual property rights. Ideally we are seeking to find a lawyer with experience that covers a large sector of intellectual property law and practice.

Examples of work experience sought:
• You will be acting/advocated for clients in the position of brand owners that customs authorities should be empowered to seize counterfeit goods when in transit through the UK (or other EU) countries.
• You will be acting for a boutique brand owner to stop products which infringed its intellectual property rights being offered for sale in high street stores.
• You will be working with brand owners to make applications to the customs authorities to ensure that all products from un-official sources entering the UK and elsewhere were stopped.
• Advising both brand owners and alleged counterfeiters in relation to trading standards investigations.
• Advising clients on the use of the Ebay VERO, Amazon, and Ali Baba notification processes as part of their intellectual property enforcement strategy.

Contracts for services, including:
• Consultancy Agreements (fixed price and/or time & materials), also referred to as Services Agreements, Sub-contractor Agreements and Supplier Agreements.
• Master Services Agreements, also referred to as Framework Agreements, or Call-off Agreements.
• Subscription Service Agreements, which can also include Software as a Service or Application Service Provider Agreements.

Contracts for the resale and distribution of products and services, including:
• Reseller Agreements;
• Distribution Agreements;
• Lead-referral Agreements;
• Partnering agreements;
• White-label Agreements;
• Joint Marketing Agreements;
• Agency Agreements;
• Value Added Reseller Agreements (“VAR”);
• OEM Agreements (these last two almost always relate to the distribution of technology products).

Pre-contractual documents, such as:
• Non-disclosure agreements (also known as “NDA”s and “confidentiality agreements”);
• Memoranda of Understanding;
• Letters of intent;
• Franchise agreements;
• Joint venture agreements;
• Marketing and sponsorship agreements.

There will be cross-over between commercial contracts and much of the other work:
• Shareholders Agreements,
• Partnership and LLP Agreements.
• Business Sale and Acquisition Agreements are all commercial contracts, but these are usually considered to fall under the heading of corporate work.
• Contract of Employment or a contract that specifically relates to employment law.

Terms of Business:
• Sale of goods to customers – whether appearing on your website for online sales or as part of your standard order documentation to be signed in person.
• Provision of services to clients – as above, these may apply to online services (which could be as part of a software as a service offering), or standard services contract signed in person.
• Software development contracts – outlining the relevant development methodology and process, ownership of intellectual property.
• Licensing intellectual property rights to licensees – setting out the rights and restrictions on use of the relevant IP.
• Disclosure of confidential information to business contacts – including who the confidential information can be disclosed to and the particular purpose it can be used for.
• Engagement of sub-contractors – whether with freelance individuals or service companies.

M&A work experience:
• Pre-due diligence audit;
• Deal structure;
• Pre-contract documentation (including confidentiality agreements and heads of terms);
• Due diligence;
• Acquisition documentation (including purchase agreements and disclosure letters);
• Post-completion matters (including integration);
• All related employment law issues (including TUPE);
• All related data protection matters.

Privacy, Defamation and Freedom of Information:
Technology advances are making it possible to process ever increasing volumes of data – “Big Data” is becoming an industry in its own right, enabling services that have never previously been possible.

At the same time, your clients are increasingly aware of, and concerned about, the ways in which information about them is used and concepts such as the “Right to be Forgotten” are appearing. Consequently, this is an area in which lawmakers are keen to create and adapt legislation to ensure that it remains relevant in the modern world – in particular, the EU is currently considering proposals for a completely new data protection regime.

Your solid experience of data protection and privacy matters ranges from drafting a simple privacy policy, to advising multi-national corporations regarding their obligations in the EU, and everything in between.

You may have also assisted both public bodies and their suppliers with responses to requests under the Freedom of Information Act 2000.

You may have advised clients on all manner of defamation issues, but have particular experience of defending web “publishers” of user generated content from claims that they are liable for the publication of such content.

We would like to find a lawyer extensive experience of helping clients to comply with the myriad of legislation in this complex area. You may have advised a very broad range of businesses on an even broader range of data protection and privacy issues. These include:

• Drafting all manner of privacy policies;
• Assisting a call centre company with negotiations over the data processor clauses in contracts with its customers;
• Advising a company that provides ‘know your customer’ services on how to comply with the legislation;
• Providing advice to a mobile virtual network operator regarding the legality of location based services (prior to these becoming widely available);
• Assisting numerous providers of e-commerce websites and SaaS comply with their obligations under data protection and privacy law;
• Advising on cookies, behavioural advertising and other marketing activities;
• Advising multi-national corporations regarding their obligations in the EU;
• You may ideally have detailed knowledge to help your clients through the data protection minefield. You will have used this knowledge to make practical suggestions, helping your clients to manage their risks and ensuring that the requirements of the legislation don’t stymie their businesses;
• Your client’s businesses have a legal obligation to ensure that staff understand their obligations when handling personal information;
• You will be interested in running short detailed client workshops.

To apply for this career position please contact Ashley Armstrong LLB or Jonny Scott-Slater.
CV2 – talentedlawyers@aol.com
Telephone – 01872 274227 – 07724760904 – 07490445449
Lawyers Recruiting Lawyers.
Confidentially will be assured at all times.