Intellectual Property Litigation and Advocacy Certificate

Program Overview

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Introduction:

Nottingham Law School offers Certificates in IP Litigation and IP Advocacy enabling practitioners to obtain The Higher Courts Litigation Certificate issued by the Intellectual Property Regulation Board (IPReg) granting the holder rights to litigate intellectual property matters before the civil courts of England and Wales.

This is an Advanced Litigation Skills Course for registered Patent Attorneys and registered Trade Mark Attorneys (see bullet point 2 below) and should not be confused with the Basic Litigation Skills Course required to be completed by all Patent Attorneys and Trade Mark Attorneys registered after 31.12.12. (see bullet point 1 below).

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Intellectual Property Regulation Board Litigation Rights:

To litigate or act as advocate before the Intellectual Property Enterprise Court or a County Court, or to appeal from the IPO to the High Court, Patent Attorneys and Trade Mark Attorneys need an “Intellectual Property Litigation Certificate”. This certificate is issued by IPReg. Nottingham Law School provides a course for those wishing to have these rights.

To litigate in intellectual property matters before other civil courts of England and Wales, Patent Attorneys and Trade Mark Attorneys need a “Higher Courts Litigation Certificate”. This certificate is issued by IPReg. Nottingham Law School provides a course for those wishing to have these rights.

To act as advocate in intellectual property matters before other civil courts, Patent Attorneys and Trade Mark Attorneys need a “Higher Courts Advocacy Certificate”. The Higher Courts Litigation Certificate is granted by IPReg following successful completion of the two NLS Certificates in IP Litigation and Certificate in IP Advocacy. It permits the holder to exercise IP litigation and IP advocacy rights before the IPEC and conduct some litigation and appeals in the High Court, the Court of Appeal and the Supreme Court.

It should be noted that although the certificates include advocacy, successful completion of the two certificates will not entitle Patent Attorneys and Trade Mark Attorneys to apply to IPReg for The Higher Courts Advocacy Certificate. This certificate is awarded by IPReg following successful completion of a further course dedicated to the teaching and practice of advocacy skills at the highest level. It is parallel to the Higher Rights of Audience Solicitors’ qualification.

The IP Litigation and IP Advocacy courses are operated under the aegis of the Intellectual Property Regulation Board (IPReg). The content of the skills and substantive subjects is prescribed by written outcomes drafted by Nottingham Law School and approved and accredited by IPReg. The tuition, together with the form and content of the assessment regime, is monitored rigorously by internal and external examiners.

The IP Litigation and the IP Advocacy courses, are designed for:

Patent Attorneys and Trade Mark Attorneys who have at least two years’ post qualification practitioner experience in intellectual property.

enabling students to apply their knowledge and skills to their own professional practice

continuing professional education.

The courses are delivered to suit busy schedules and minimise time spent away from the office. The courses will enhance:

case analysis skills;

drafting skills;

knowledge of the law of evidence and related practice;

students’ management of litigation procedure in the civil courts;

students’ experience of alternative methods of dispute resolution;

and develop high-level skills of reflection.

*The courses are accredited by the Intellectual Property Regulation Board (IPReg). Successful completion of the two courses, which are assessed by way of written examination and oral advocacy, will entitle candidates to apply for registration with IPReg for the Higher Courts Litigation Certificate.

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Program Outline

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What you’ll study

Intellectual Property Litigation Certificate

Intellectual Property Advocacy Certificate

Module one

: Case Analysis and Case Theory, Drafting and Case Preparation

The following topics will be covered:

case analysis and case theory

drafting statements of case

client interviewing and management

evidence

disclosure

legal professional privilege and IP

professional conduct for IP litigators.

Module two

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

The following will be covered:

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.

Module three

: ADR, Witness Evidence, Trial Preparation, Risk Analysis and Settlement

The following topics will be covered:

comparison and selection of ADR options

opportunity to take part in a mock mediation

techniques for interviewing witnesses

drafting witness statements

preparation for trial

risk analysis in litigation

settlement and appeals (including drafting settlement agreements)

The following topics will be covered:

case preparation for the advocate

opening statements

witness examination (chief/cross/re-examination)

legal and evidential submissions

closing speeches

mock trial.

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How you’re taught

Assessment methods:

Written Paper in Intellectual Property Litigation (three hours) for the Certificate in IP Litigation

Oral Advocacy Assessment for the Certificate in IP Advocacy

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Course dates

Module	Dates
Module 1	23-25 November 2023
Module 2	15-17 February 2024
Module 3	25-27 April 2024
Module 4	12-14 June 2024 (Wednesday to Friday)

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Assessment dates

Assessment	Dates
Written paper	Thursday 30 May 2024 (provisional)
Advocacy	Saturday 15 June 2024 (provisional)

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Careers and employability

These courses provide professional training for Trade Mark Attorneys, Patent Attorneys and other professionals working in the field of Intellectual Property Law.