Post-qualification courses

Intellectual Property Litigation and Advocacy Courses

The Intellectual Property Litigation and Advocacy Courses are run by Nottingham Law School.  The courses are for those with at least two years’ experience in intellectual property practice and are designed to build upon existing knowledge and experience, to give candidates the necessary skills to represent clients during litigation.

 Some of the objectives of the courses are to: 

  • enhance case analysis abilities and drafting skills;
  • develop knowledge on the rules and procedures relating to filing and presenting of evidence in Court cases; and
  • develop an understanding of case management protocols, including compliance with the CPR.  

On completion of the courses, practitioners will be able to call themselves a trade mark litigator and will be able to represent their clients before the Intellectual Property Court and on appeal.

 

Contents 

1.      Intellectual Property Litigation Certificate

 Unit one: Case Analysis and Case Theory, Drafting and Case Preparation 

  • case analysis and case theory
  • effective teams
  • drafting statements of case
  • client interviewing and management
  • evidence
  • disclosure
  • legal professional privilege and IP
  • professional conduct for IP litigators.

 

Unit two: Project and Case Management, Funding and Costing and Interim Applications 

  • project management in IP litigation
  • cost and risk analysis
  • case management and work schedules
  • case management conferences
  • part 36 and offers
  • interim applications / injunctions / disclosure
  • drafting skeleton arguments.

 

Unit three: ADR, Witness Evidence, Trial Craft, Risk Analysis and Settlement  

  • comparison and selection of ADR options
  • opportunity to take part in a mock mediation
  • techniques for interviewing witnesses
  • drafting witness statements
  • trial craft (preparation for trial)
  • risk analysis in litigation
  • settlement and appeals (including drafting settlement agreements).

 

2.      Intellectual Property Advocacy Certificate   

  • case preparation for the advocate
  • opening statements
  • witness examination (chief / cross/ re-examination)
  • legal and evidential submissions
  • closing speeches
  • mock trial.

  

The Certificate Intellectual Property Basic Litigation Skills  

Subject to certain exceptions (click here: http://ipreg.org.uk/pro/rules-and-regulations/rights-to-conduct-litigation-and-advocacy/), IPReg expects every newly qualified trade mark attorney to have attended and passed a basic litigation course within three years of qualification. 

The Certificate Intellectual Property Basic Litigation Skills, run by Nottingham Law School, aims to build upon the skills practised during the training process but focusing on the practice and procedure of the Intellectual Property Enterprise Court (IPEC).  

The course will provide training on the following:  

  • Case analysis and pre-action conduct
  • The work of IPReg
  • Claim Letter
  • Issuing proceedings in the IPEC
  • Drafting basic Statements of Case in the IPEC  
  • Case Management in the IPEC
  • Disclosure in the IPEC
  • Skeleton Arguments and Opening Speeches
  • Trial preparation
  • Trial
  • IPEC small claims track
  • Negotiation workshop
  • ADR
  • Judicial Review
  • Reflective learning and reflective practice
  • Professional Management

Run over four days, candidates will be assessed by a two hour written paper approximately 4-6 weeks following the course.  On completion of the course, practitioners will be entitled to apply to IPReg for The Intellectual Property Litigation Certificate.