Intellectual property (IP) is an umbrella term referring to creations of the mind, such as inventions; designs; ­original artistic, literary and musical works; symbols; names; and images. These IP rights (IPRs) are protected by patents, design rights, copyright and trademarks. The owner of one of these rights is granted a statutory ­monopoly allowing it to control the use of its IP.

A patent is an exclusive right granted for an ­invention, which is a product or a process that is new in some way. Design rights protect the visual ­appearance of a product. Copyright protects certain original works, such as literature, art, music, film, sound recordings and broadcasts. Trademark law ­protects the signs that one trader uses in relation to their goods or services to distinguish them from those of other traders. IP also encompasses other rights, such as plant varieties, geographical indications, ­performers’ rights, database rights and trade secrets.

TMT stands for technology, media and telecommunications, and you may be referred to as a TMT lawyer if you are involved in IT or telecoms or have clients in the media industry. The diverse nature of TMT means that a TMT lawyer will need to be able to advise on a wide range of issues. A lawyer in a TMT department may find themself acting for production companies, distributors/broadcasters, channel providers, content providers, finance providers, technical platforms or service providers and government/other official ­bodies. As convergence increases, traditional media business models are fast disappearing and businesses are ­increasingly focusing on content ownership. Many new business models are cross-border and cross-media, which raises issues relating to the use and ­distribution of content.

The working culture

IP lawyers may find themselves involved in heavy-duty patent litigation, advising brand owners in ­relation to the enforcement of their rights and ­copyright disputes. Your clients may range from celebrities and creative artists to multinational pharmaceutical companies. For their part, TMT lawyers will be expected to provide a full range of legal services, such as commercial advice on IT transactions, dispute resolution and contract management, corporate restructuring, business growth and financing, outsourcing, employment and ­competition law issues.

On contentious matters you will most likely work within a team comprising a partner and several ­associates. On the non-contentious side you are more likely to work alongside a partner or associate in a smaller team, which may include colleagues from other departments within your firm. There may be travel ­opportunities when working with multinational ­companies or secondments to a client’s, or your firm’s, overseas offices.

Skills required

As a trainee you will experience a steep learning curve, as IP/TMT are niche areas and the law is likely to be ­different to that which you encounter in other ­departments. Trainees are likely to be involved in legal research, drafting party and client correspondence, reviewing commercial agreements and attending court.

IP is a highly regulated sector – there is a multitude of constantly changing UK and European regulations, as well as core domestic legislation. It is essential that lawyers in this field keep up to date with these changes.
You will need excellent attention to detail, creative problem-solving abilities and an interest in science and technology. You will also need to develop good ­negotiating skills and have a flair for drafting. Combined with good research capabilities and commercial ­awareness, these skills will stand you in good stead.

Recent developments

The IP/TMT arenas are fast-paced. In recent years these areas have been converging, which means that lawyers who were previously able to advise clients on a narrow area of law are having to expand their ­knowledge and adapt quickly by gaining new skills.

A recent development in the TMT field is the European Audiovisual Media Services (AVMS) Directive, which came into force on 19 December 2007 and which EU member states have two years to implement. AVMS extends the Television Without Frontiers Directive to encompass the internet and webcasts. It addresses ­issues such as product placement, advertising limits, protection of minors, promotion of cultural diversity and support of European and independent production.

A recent development from an IP perspective is the adoption of a new initiatives in the area of copyright. The European Commission is seeking to extend the term of protection for sound recordings and for rights of performers in recordings of their performances from the current period of 50 years after publication to one of 90 years, and also to harmonise the copyright term in musical compositions so that the term of protection for the work as a whole is 70 years following the death of the last surviving ‘author’ (be it the lyricist or composer). Currently, different countries in Europe take different views as to whether the term of protection for the lyrics to a song can differ from that for the underlying music where the two works were authored by different people.

Brooke Whitaker, associate, and Michelle Watson, trainee, Bird & Bird