Course description
With most intellectual property disputes reaching settlement before a costly trial, it is important to understand the implications of settlement and the common pitfalls in drafting and negotiating the settlement agreement. Additionally, settlement is often not the end of the matter, because infringements frequently recur. If this happens, it is essential that the settlement agreement clearly protects the rights-holder’s position.
Presented by Jeremy Morton, a partner at Temple Bright LLP, this handy 30 minute introduction will focus on achieving commercial objectives, understanding what the effect of an IP settlement is on subsequent infringement or validity disputes, the risk of enforced disclosure of settlements to third parties and ways to incentivise compliance.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
With most intellectual property disputes reaching settlement before a costly trial, it is important to understand the implications of settlement and the common pitfalls in drafting and negotiating the settlement agreement.
Additionally, settlement is often not the end of the matter, because infringements frequently recur. If this happens, it is essential that the settlement agreement clearly protects the rights-holder’s position.
This short webinar will focus on achieving commercial objectives, understanding what the effect of an IP settlement is on subsequent infringement or validity disputes, the risk of enforced disclosure of settlements to third parties and ways to incentivise compliance.
What You Will Learn
This webinar will cover the following:
- Defining the scope of the settlement in sufficient detail
- The meaning and effect of ‘full and final settlement’
- The options for action when a settlement agreement is breached: are they confined to breach of contract claims?
- Remedies: is a choice of damages or an account of profits available?
- No-challenge clauses
- Confidentiality of settlements, and enforced pre-action disclosure of past settlements
- ‘Penalty’ clauses: what is permitted?
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...