Category: Business

When you think of a business and crucial role, you first thought is CEO and then the IT department. When you think of Contracts Managers you are probably scratching your head and wondering who they are and what they do. Contracts managers sit as a mid-senior commercial manager. While the term manager is used in the job role, management typically means process and policy management rather than team management. However senior contract managers will typically manage teams.

It is easy to fall into the belief, like business analyst or UAT tester, the role is fairly standardised. Unfortunately, this is not true and depending on the sector, contracts manager will broadly fall into one of four categories. The first two are public (universities, NHS Trusts, and government bodies), construction / manufacturing, these roles are very much pre-signature. Meaning post the contracts managers review, negotiate, draft, advise, and sometimes sign agreements. They asses each contract and evaluate their risk and flag any risks that could be problematic for the business. Sometimes, after signature they will advise on any questions or on interpretation of th clause. In many ways the role is a quasi-risk manager role. Next type of contracts manager is a post signature role. In many ways they are like an account manager that manages the agreement post signature, looks for ways to sell to the customer, and manages that relationship. Final type of contracts manager role is the end-to-end contracts manager. Meaning the contracts manager negotiates the agreement, gets it signed, then ensures the other party complies with the terms of the agreement, and manages any issues that may arise.

The role itself requires a high degree of organisation because of changing priorities and the ability to prioritise workload. Contracts Managers need specialised legal knowledge especially in areas like Human Tissue Act, Copyright Design and Patent Act, Data Protection Act, Registered Design Act, Patent Act, contract law, Limitations Act, contract drafting, contract reviewing, and negotiations. Also, the role requires the ability to communicate both verbally and written. Along with the ability to explain very complex legal ideas to non-legal professionals at various levels in the organisation. If there are risk issues or if the agreement is outside of the accepted parameters for an agreement the contracts manager will escalate the issue to the proper individual. Before signing they will ensure the proper teams will have reviewed and signed off the agreement. Finally, from an internal perspective, contracts managers with experience become process experts and understanding how the business operates. In addition to the internal responsibilities the contract manager will typically take the lead when discussing and negotiating the agreement with external parties.

Contracts Managers will be involved in agreements that see no payment being made to the organisation like payment-in-kind to multi-million-pound agreements involving several parties both in the private and public sector companies located in multiple countries. This will mean, a contract manager understands the commercial position of the organisation, what it wishes to achieve, and understands how to manage expectations by explaining the various positions of the other parties.

As for education most contracts managers either are qualified solicitors or hold a law degree. Some will hold a PhD or non-law degree. Those who come the via non-law degree, will usually, have come up in the organisation and understands how the company operates but may not have the legal background. Those who hold a PhD they have the research background that may understand material transfers, data transfers, and intellectual property;however, lack the wider legal understanding.

So, why can’t an organisation not survive without a contracts manager? The answer is simple. A contracts manager is a communicator that explains various positions, explains complex concepts at a level that is understandable, brings competing ideas together to reach a consensus to allow an agreement to be signed, and can prioritise competing demands. Finally they are the risk and process managers, without them organisations would face financial loss. Finally, without contracts managers many organisation will struggle to realise the financial and reputational benefits from their agreements. Contracts Managers are the role that no organisation should do without.

Welcome, this guide is meant to answer some of your more basic questions regarding intellectual propperty and intellectual property rights. It is meant for anyone wanting simple and easy to understand information about intellectual property rights. It is ideally suited for those who want to sell their products on selling platforms like Etsy, e-Bay, and Shopify.

While this is meant to be a very generic guide answering some basic questions about intellectual property, it is based on Intellectual Property Law of the United Kingdom. Law is an opinion that is continuously changing and on this page, you are receiving an opinion. This means, if you are reading this from another country then your laws may be different. Likewise, if you are looking to sell your product on a platform then it is importnat you are aware of the site’s rules, as they may vary from intellectual property law. Furthermore, since this is a guide it is not meant to answer specific questions regarding intellectual property and any questions should be answered by a qualified legal professional in your jurisdiction or in the jurisdiction that you wish to sell your product.

1. You can use IPR (Intellectual Property Rights) to protect an idea.
   

   No. IP regards the form your idea takes and IPR provides protection based on the form your idea takes. This means, IPR only becomes applicable after you ‘commit pen to paper’ to create your idea and it does not protect your idea. If you wish to discuss your idea with somoneone then it is a good idea to sign a nondisclosure agreement before any discussions occur.

2. It costs a lot to create something that is protected under intellectual property law.
   

   There are four (4) types of intellectual property rights in the United Kingdom: copyright, design rights, trademark, and patent. Trademarkand patents do require a nominal fee to process. However, copyright proptection attaches the moment you publish your work and it can protect a photograph, which only requires your time to photograph and edit. So, in some cases the only thing that is needed is your time to create something in order for IPR to attach.

3. For intellectual property rights to be profitable, you must own a patent.
   

   There are many ways to profit from intellectual property, such as selling the rights, licensing the rights, exclusive license, franchising, workshops, speaking engagements, and in some situations spin out companies

4. If a photograph or a book is on the internet, for example, then you can use it.
   

   In the UK for example, the moment a piece of work is published on the internet the author of the work obtains copyright protection. The use is subject to any license the author or publisher may offer. If there is no license, such creative commons or open source, then it can be assumed the work cannot be used unless you have permission from the owner of the work.

5. If someone gives you a free copy of software then you are not violating intellectual property law
   

   Software creates a copy on your hard drive, which means you will need a license to install the software. The license will determine if the individual has the right to provide you with a copy.If the software is software where you need a subscription, like photo editing or anti-virus, then it is highly unlikely that the individual has the license to provide you a copy. However, if it is open source or creative commons, fo example, then it is possible that the license will allow them to provide you a copy but the answer will lie in the licensing agreement.

6. You can copy a book or a video, for example, to use for non-academic use or non-commercial use
   

   Usually, if it is for academic use and the license allows for academic use then most likely you can create a copy. As for non-commercial use, this is different than academic. You will need to read the licensing terms closely

7. to protect a copyright you must register it.
   

   In the UK copyright attaches once published. However in other jurisdictions like the United States, copyright can be registered or not.

8. Copyright only lasts until the creator dies
   

   Generally speaking copyright will last up to 75 yearsafter the creator dies.

9. Patent protection lasts forever.
   

   Patents are costly and easily will cost you tens of thousands of pounds to file your application. Before you even file the patent application you will need to undertake a commercialization exercise. This will involve, identifying the potential IP and if there is a market for it. As a part of this excercise you will learn if someone else have develop something similar, if they already have a patent, and what you might be able to earn from the patent. From there you incur legal fees to draft the application, to file it, to answer questions, and if needed, defend you application. If your applicaton is approved, the longest patent protection will last will be 20 yers.

10. Creative Commons license allows you to use anything with a Creative Commons license.
    

    This is a misperception regarding open source and creative commons licenses. Each will specify how you can use the copyrighted material and any violation could be costly for you.

11. Open Source means you can freely use the work.
    

    No it does not. Creative Commons and Open Source are ways of licensing copyrighted work. When using either, it is recommended that you read and follow the licensing terms regarding use. Otherwise, you may find that you are defending a copyright violation lawsuit. https://www.losey.law/intelligence/100-open-source-licensing

12. Intellectual Property Rights hinders research
    

    Take a moment and imagine a world without IPR protection. The first thought will be a world full of research with amazing advancements. Now, stop and think. Would it be a uptopia or would it be a world where technological advancements to do not exist because research cannot occur because there is no minimal safety level.
    
    I have heard this argument many time. I believe, IPR protects the researcher, the university, and or the company that developed the IP. By providing a secure environment thereby providing confidence to allow research to develop thereby benefiting all of us.

13. Intellectual Property Rights favor rich countries and large corporations
    

    There is an international standard for intellectual property law, WIPO (World Intellectual Property Organization). The WIPO sets the standard for international property law and the member countries sign up to it. IP law is not something that significantly varies between each country but instead follow an established standard.

14. Intellectual Property law only applies to large multi-national companies.
    

    It is easy to believe that intellectual property law only applies to large multi-national corporations. The reality, intellectual property law applies the same to a large multi-national corporation, the single proprietor photographer, and the mom or dad that runs their own online business through a platorm.

15. If you make small changes to a trademark name you can use it
    

    This becomes a very complicated and gray area, especially if you will be competing against the trademark owner. It is likely you could face litigation claiming you breached their trademark and or be sued for passing off. The most likely outcome is your registration will face challenges because it sounds too similar to a registered trademark.

16. You can own the intellectual property rights for making superficial changes to a copyrighted or patented work
    

    This gets to be a very gray area. You can look around you and find probaly hundreds of examples where something new took an idea from the past. For example, the Flintsones were based on the Honeymooners. Likewise, you could argue the Middle is based on Roseanne. In both examples, they took an idea and evolved it into something very different.
    
    In contrast, you do not have to look far to see where the idea did not evelove and resulted in copyright violation, see for example Queen’s and David Bowie’s claim against Vanilla Ice.
    
    Intellectual property is about creating something new. If you make superficial tweaks to a current product, at best you cannot claim protection and at worse, you could find yourself defending an intellectual property lawsuit.

17. You can use a trademark name as a comparison, such as ‘similar’ or ‘like’.
    

    This is a very gray area and unless you have the funds to fight a trademark violation claim, it is best to stear clear.

18. If you create something at work that is protected by intellectual property law then you are the owner of the IPR.
    

    In the UK, unless your contract of employment or your employer’s IP Policy states differently, then any IP created by an employee in the course of their employment is owned by their employer.

19. If you hire a photographer, for example to a wedding or a portrait, you own the intellectual property rights to the photographs taken of you.
    

    Unless you have a contract that states otherwise, then in the UK it is very probable that the photographer is the owner of the copyrights to photographs

20. There is no way to report copyright or trademark infringement
    

    This is the way many companies make their income from intellectual property. Most larger corporations will have information on how to report suspect copyright and intellectual property right violations to them.