Module LAW49115: The Business of IP

Department: Law

LAW49115: The Business of IP

Prerequisites

• None

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• To provide an in-depth study of the fundamental aspects of use and exploitation of intellectual property rights (IPRs) from a practitioner standpoint
• To provide a holistic overview of how the inter-relationship of IPRs delivers exclusivity and value creation
• To provide an understanding of how different IPRs perform from a sector and international perspective
• To provide an understanding of the role of an IP adviser in the context of a range of commercial transactions and disputes
• To enable students to apply their academic knowledge to practical settings and the use of IP analytics for evidence-based decisions

Content

• A selection of topics in the following indicative areas will run in each particular year:
• Topic 1: A refresher - IP laws in a global setting
• This module will be a refresher (for those with IP credentials) and a foundation for those who are new to the area. This will include the patent, trade marks, copyright and trade secrets - with a focus on the practical impact of global similarities (harmonisation) and differences.
• Topic 2: IP strategy
• This module is an introduction to the strategic management of IPR as a business activity. It will consider the impact of the shift to intangible assets, and the need for IP strategy to sit at the intersection of technology, business and the law. It will include an introduction to methodologies for measuring and communicating value, combined with similar approaches for risk.
• Topic 3: IP licensing and cross-licensing
• This module will consider the wide-ranging situations where the licensing of IP is critical to commercial outcomes. It will compare exclusive and non-exclusive structures and open source (including creative commons) licensing. Also included will be the anatomy of a licence and the fundamentals of negotiation tactics and strategies.
• Topic 4: Global strategies for IP litigation and dispute resolution
• This module will focus on the role of IP litigation and ADR for dispute resolution. It will consider litigation remedies (primarily damages and injunctions) and the impact on forum shopping. Also included will be current trends in the area of non-practising entities (NPEs) and standard essential patents (SEPs).
• Topic 5: Sector specifics
• This module will focus on how different IPRs best serve different sectors. It will include a consideration and comparison of pharma/biotech, telecoms and FMCG (including look-alikes). It will focus on the importance of “one IP”, maximising the benefit of combining IP rights to deliver holistic protections and solutions.
• Topic 6: The impact of AI on IP laws and the profession
• This module takes a practical look at the impact of AI on IP and the profession. It will include an introduction to the development of machine learning and LLMs (large language models). It will consider the potential impact of AI on IP law and practice, touching on AI regulation.
• Topic 7: IP analytics for evidenced based decisions
• This module will be based around the development of Cipher (acquired by LexisNexis) and its strategic use cases. This will include hands-on access to a leading patent analytics platforms and the evidence-based solutions it support. The module will highlight the importance of storytelling with data.
• Topic 8: IP in corporate M&A, JVs and IPO transactions
• This module will be based around the role of IP in major corporate transactions. It will focus on the importance of due diligence in the context of a range of M&A (mergers and acquisitions), joint venture and licensing transactions. Also included will be an introduction to the role of warranties and indemnities to support disclosure and risk allocation.

Learning Outcomes

• Students will:
• gain a deep insight into the application of IPR laws to the practical realities of global business and the impact of geopolitical forces;
• develop an understanding of the key business decisions where IPRs are important including licensing, mergers & acquisitions and disputes;
• learn about the importance of data and analytics to evidence based decisions and how recent developments of machine learning and AI will impact the IP profession;
• learn how to respond to real world situations where the law lags behind technology, with specific consideration of the challenges posed by AI and the fourth industrial revolution.

• Students will be able to:
• identify key IPR issues relation to a business, sector and geography;
• focus of the strategic IPR decisions faced by business leaders in a range of situations that involve M&A, licensing and litigation;
• adapt their understanding of national laws to an international context;
• formulate practical solutions to situations where law and regulation do not provide the answer to the needs of the business;
• use AI patent analytics platforms in support of evidence-based decisions.

• Students will be able to:
• structure frameworks for the principal IP transactions including both the sale, purchase and licensing of IPRs;
• formulate practical advice and guidance on a range of commercial and dispute situations with both national and international perspectives;
• demonstrate sophisticated research, analytical and writing skills and ability to think critically;
• manage time efficiently and work independently within a limited time frame to complete a specified task.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Teaching will be based on a combination of lectures and seminars. The lectures will introduce the topic and the seminars, supported by targeted reading assignments before each seminar, will provide a deeper understanding of the issues. The readings are selected from both established legal texts and also sources of practical guidance.
• Lectures will work from a basic level of IPR law to the practical aspects of applying law to practice and the decisions business and IP leaders are confronted with in real world settings. This will encourage students to learn the material and develop the ability to discuss and understand where each aspect of the reading fits in with the problem in hand.
• The assessment supports the aims of the teaching methods. The essay will assess the ability of the students to apply IPR laws to real world situations and handle pragmatic solutions to situations where there may be no clear-cut answer. The focus is on a structured, articulate analysis on the subject, with a specific focus on the practical and achievable.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University