- 'Spider in the web' in case of IP litigation and ADR
- IP Manager in Steering Committees
The patent attorney is the ideal professional to steer the IP litigation process in concert with the client (business manager). The patent attorney speaks both the technical language and legal language and could therefore play a role as spider in the web of the IP litigation process. Apart from his technical and legal skills, the patent attorney should develop business skills in order to be able to advice the client in the decision making during a patent dispute. Such decision making encompasses patent legal and commercial aspects. In case of patent litigation he could form a Patent Litigation Team with as key members the business manager client, the attorney at law and the patent attorney.
Ideally the patent attorney has had training and experience in licensing and/or dispute resolution (ADR). In a company the patent attorney can sit in steering committees, as IP Manager, which committees decide on R&D projects and the developments of commercial projects. In the capacity of IP Manager the patent attorney will be in a position to dovetail into the business. This means building bridges between R&D management, business management and IP/legal departments. That way the company will benefit most from the IP Tools which are available. IP Tools include patents, trade marks, know-how, confidential technical information (trade secrets), copyright and IP agreements, such as secrecy and restricted use agreements, licence agreements, R&D agreements, patent litigation and the like.
The Hague 2 June 2011
Jowi Burger
(c) 2011 Jowi IPS Intellectual Property Services