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Intellectual Property

The forgotten value in a lot of organisations is its intellectual property. This valuable asset can be protected and exploited to bring substantial financial benefit to any private or public sector entity.  Being a technically complex area, seeking expert professional advice at any early stage can help you to maximise those returns, protecting your position and saving future cost if things go wrong.

It is key to know what intellectual property you have, and to develop intelligent strategies to protect and exploit it to maximise its benefit.  This may include registration of certain rights (such as patents, trademarks and registered designs);  putting proper contractual arrangements in place with staff, consultants and suppliers; and using suitable contractual models which will protect you when exploiting it.  You also need to take steps to protect your intellectual property in relation to any infringement, or it its value will be reduced or even lost.

Publishing and Media

The sharing and publication of specialist knowledge, know-how and training by organisations in print and online requires specialist publishing and media law advice, as does the leasing of institutional premises for filming, the provision of staff for film and television documentaries, and the commissioning of new creative media work.    We regularly advise on such matters, particularly in the health and social care sectors.

Technology

IT, infrastructure and technology contracting is a complex area. Helping our clients achieve a successful outcome requires not only the relevant specialist legal knowledge, but a firm grasp of the technical aspects, an understanding of the market place, and good project management skills.  We have substantial knowledge and skills in these areas, acting for both providers and purchasers of IT and technology in a variety of sectors.

The Team

Our team have first hand experience of working in-house “at the coal face” in a variety of sectors, as well as substantial experience advising a wide range of clients as private practice lawyers. Members of our team also regularly write for practitioner IP journals.

This combination of detailed technical knowledge coupled with first-hand commercial experience gives us an effective and pragmatic approach, and brings us repeat and retainer instructions from a variety of impressive clients. We are also frequently asked to advise on cutting edge public / private collaborations in the research arena.

Who We Work With

Hempsons regularly advises well over 100 clients of substance in relation to intellectual property, media and technology matters. We advise large sections of the NHS; many nationally renowned and substantial charities, academic institutions and social enterprise clients; software houses; design agencies; and pharmaceutical, life science and medical technology companies.

Key Services and Issues

• Intellectual Property audits.
• Brand protection including trade mark registration and enforcement, similar name problems, dealing with “passing off” and brand copying.
• Collaborations for research and development: advice, joint venture structuring, and contractual arrangements.
• Protection and exploitation of inventions, documentation, knowledge and data.
• Employment, consultancy and director’s service agreements in creative professions.
• Patent, trade mark, design right and breach of confidence dispute resolution, including advice on contentious matters and misuse of intellectual property.
• Advice on data protection, data gathering and exploitation, with particular expertise in a medical context.
• Clinical trials and medical research agreements and regulatory advice.
• Pharma and life sciences issues.
• Medical device innovation and regulation.
• Advice on filming, performance, publication and image rights issues.
• Contractual advice on the purchasing of IT systems, software and website development, support and maintenance, outsourcing and hosting.
• Networking, infrastructure, and other technical IT agreements.
• Online legality and defamation advice and disputes, e-commerce and website documentation.
• Advice and contracts for the development and exploitation of multi-media and e-learning products.

Our Work

• TrusTECH: We are retained legal advisers to TrusTECH, the NHS’ in-house IP managers for the North West of England, advising on IP protection and exploitation matters.
• ITC Global Security: We are retained legal advisers to a major international supplier of networks, IT infrastructure, and network security, advising regularly on substantial multinational transactions.
• NHS Salford: We have advised on phase 1 of the setting up of the first of the new Academic Health Science Centres, a major strategic research collaboration in Manchester between various NHS bodies and universities, and are currently advising on phase 2 developments. We have also recently advised them on a major collaborative project for a research database with another local NHS Trust and a University.
• Royal College of Radiologists: We regularly advise third sector clients on knowledge dissemination and publishing matters, including recent work for the Royal College of Radiologists on the international publishing of their guidelines in various formats.
• Zoological Society of London: We advised London Zoo on a trade mark and passing off dispute with another Zoo over copycat branding issues.

If you or your organisation are in Health and Social Care please visit this section for services and information relating specifically to your needs.

• Health and Social Care