The purpose of intellectual property (IP) law is to protect as well as reward intellectual creations. Wendy Lam, managing partner of V Chong W Lam, explains how it works and what is expected of IP lawyers.

 

Inventors are understandably protective of their inventions, particularly if their creations cost a lot of money to produce and are able to help them generate more money. By patenting their invention, they can exploit it without fear of being copied by another person or organisation during the period of protection. Even if it is copied, they can seek recourse in the legal courts. In Malaysia, that period of protection is 20 years from the date of filing the patent application. In this instance, the law protects the inventors and allows them to enjoy the fruit of their intellectual labour.

It is a misconception that everyone wants money when their IP rights have been infringed. Some people just want their works to be used or marketed in their original forms. Other people are concerned about branding and want to assert ownership over it to enhance their reputation and goodwill.

 

IP law cuts across all sectors and industries, from the tangible (eg machinery) to the intangible (eg music). IP lawyers deal with clients from diverse backgrounds and with cutting-edge technology. Therefore, a strong foundation in the law is crucial so that you can come up with solutions for your clients. It helps to have a natural curiosity or interest in general and specific knowledge of various industries.

Needless to say, in order to specialise, you need to study IP law in your undergraduate studies. It will also help to study contract, commercial transactions and corporate law. A strong command of the English language is necessary as you need to describe various processes or products using technical terms depending on the industry. You also need to be meticulous in your work as details can trip you up.

 

All lawyers meet with clients, research the subject matter, read cases and draft legal documents. In IP, the work involves prosecution, licensing and litigation. In prosecution work, an IP lawyer needs to be well versed with rules and regulations about the registration of trademarks, industrial designs, patents, geographical indications and even layouts of integrated circuits. Dealing with the Malaysian Intellectual Property Office (MyIPO) will be an everyday affair. Licensing IP to third parties in return for royalties also involves contract and commercial law.

 

Litigation typically occurs when there is a dispute over an IP right. It should be the last resort and lawyers should explore all other means to resolve the problem before it gets to that stage. It is essential for IP lawyers to be creative when looking for solutions for clients.
IP lawyers can also be involved in policy work that includes lobbying government ministries regarding certain rights for clients.

 

There are constant developments within IP law, as it is closely linked to innovations and technological advances. Thus, the job prospects appear bright for litigators and those involved in licensing work.
IP lawyers are actively lobbying for international conventions to recognise new rights or to change standards for implementing these rights. For example, in Malaysia, only visual marks are recognised whereas in the US, the registration of sound trademarks, as well as smell trademarks, are allowed.

 

Aspiring IP lawyers must be prepared to read widely in order to gather information on other industries. The ability to find practical solutions for clients is critical. You must have the right attitude towards the work and be willing to be trained.