Commercial Law & Intellectual Property - Legal Practice Specialism

Course Structure

• 1. Sale of Goods

  This course focuses on commercial sale of goods contracts, introducing you to the legal framework that underpins these arrangements. You'll explore key areas to consider when reviewing or drafting business-to-business contracts for the sale of goods, including terms involving delivery, risk and title, payment, quality, and liability.

  By the end of this course, you'll be able to:

  Understand important issues in the law relating to the sale of goods

  Appreciate some of the key terms which frequently appear within a sale of goods contract made between businesses

  Understand the key provisions of the Sale of Goods Act 1979 and of the Unfair Contract Terms Act 1977 affecting sale of goods contracts

  Apply the provisions of these two Acts to advise a client on the remedies available to them where there is a simple breach of contract

• 2. Distribution Agreements

  This course explains the importance of distribution agreements as a means of market entry and competition. You'll learn how these contracts are formed between manufacturers or suppliers and distributors, and how to avoid anti-competitive measures in distribution agreements.

  By the end of this course, you'll be able to:

  Understand the role of distribution agreements and recognise the basic commercial considerations relevant to distribution agreements

  Analyse how UK competition law issues arise in the context of a distribution agreement

  Identify the CMA's powers of investigation and the consequences of prohibited conduct

  Apply UK competition law (including, in particular, provisions of the Competition Act 1998 and the Vertical Agreements Block Exemption Order) to distribution agreements

• 3. International Sales

  This course focuses on international commercial sale of goods contracts. You'll review key issues for parties conducting business across international borders, such as jurisdiction and governing law, title and risk, transport and delivery, and payment mechanisms, including Incoterms 2020.

  By the end of this course, you'll be able to:

  Appreciate the importance of jurisdiction and governing law clauses by understanding how to apply English law to establish governing law of an international sale of goods contract

  Appreciate the particular significance of transportation of the goods from the seller to the buyer by including appropriate contractual protections for the parties regarding delivery

  Appreciate how payment terms operate in an international sale of goods transaction, in particular how bankers' documentary credits (letters of credit) and performance guarantees are used in international commercial sales

  Recognise certain trade terms (including Incoterms) commonly used in international delivery contracts, and the rights and duties those terms imply

• 4. Commercial Contracts Online

  This course highlights key issues online sellers must be aware of when concluding contracts in an online environment. You'll analyse the Electronic Commerce (EC Directive) Regulations 2002 and revisit basic principles of contract formation to understand contractual liability for online sellers.

  By the end of this course, you'll be able to:

  Understand and appreciate the terminology relevant to contractual commercial activity online

  Identify certain duties imposed on the providers of information society services, particularly when contracts are formed online

  Appreciate the role of the common law in forming contracts online

  Appreciate the extent to which regulations protect intermediary service providers from liability arising from acts of third parties

• 5. Copyright Law

  This course deals with the legal protection given to authors of original creative works such as literature, music, films, and artistic creations. You'll explore how copyright arises, who owns it, and how it can be enforced against unauthorised use, as well as the moral rights of copyright authors.

  By the end of this course, you'll be able to:

  Understand the law of copyright including how it arises and the types of works to which it can relate

  Have a practical understanding of authorship and ownership of copyright works

  Explain how copyright is infringed including understanding the different statutory defences available to avoid liability for infringement

  Understand the main moral rights available to copyright authors

• 6. Introduction to Patents

  This course provides a high-level overview of patent law principles to help you identify potentially patentable inventions. You'll also gain a basic understanding of patent infringement claims and the risks they pose to clients.

  By the end of this course, you'll be able to:

  Understand and apply the basic criteria for the protection of an invention by registration of a patent

  Appreciate the steps involved in a simple UK patent application

  Assess the merits of a patent infringement claim based on a given factual scenario

• 7. Registered and Unregistered Designs

  This course explains the legal framework that protects the visual appearance and aesthetics of products. You'll explore the UK designs regime, which provides both registered and unregistered design rights.

  By the end of this course, you'll be able to:

  Appreciate the criteria for registrability of a registered design

  Understand the structure of a claim for infringement of a registered design

  Identify areas of overlap between rights in designs and copyright

  Appreciate the extent (if any) to which copyright is capable of protecting a product

• 8. Registered Trade Marks

  This course covers the criteria and basic procedure for registering a trade mark. You'll also explore trade mark infringement and remedies, as well as the relationship between registered trade marks and passing off.

  By the end of this course, you'll be able to:

  Understand and apply the criteria for registration of a trade mark

  Appreciate the basic procedure for registration of a trade mark

  Identify the elements for infringement of a registered trade mark and understand the appropriate remedies

  Appreciate the relationship between registered trade marks and the common law of passing off as the means of protecting unregistered trade marks

• 9. Passing Off and Confidentiality

  This course is split into two parts: the first focuses on the common law cause of action for passing off, and the second on protecting confidential information through the law of confidence and confidentiality agreements.

  By the end of this course, you'll be able to:

  Apply the elements of the tort of passing off to a given scenario

  Advise, in principle, why it is advantageous to register a trade mark

  Appreciate the nature of confidential information in a commercial environment

  Explain and apply the elements of a claim in breach of confidence

  Understand the key legal considerations when drafting confidentiality agreements

• 10. Exploitation of Intellectual Property Rights

  This course deals with the various methods employed by IP rights owners to commercially exploit their intellectual property. You'll explore different ways to safeguard the value of IP and maximise commercial exploitation.

  By the end of this course, you'll be able to:

  Explain the fundamental difference between assignment and licensing of an IP right

  Appreciate that rights under a licence are contractual in nature and that the terms of any licence will depend on the particular circumstances in which it is granted

  Identify basic policies and procedures which a business can adopt to protect its IP portfolio

  Understand how legal factors can inform a client's decisions about which registrations to pursue

• Certification

  Upon completion of the course, you will be awarded a digital certification.
  
  To earn your certificate for this course, you need to successfully complete the assessment with a score of 80% or higher. Once you pass the assessment and the invigilation check, you'll receive your digital certificate the following month. Your certification will be sent directly to your registered email address.