Contract Management Coursework
13/03/2023
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Mop Lecture Week 26 14th
March
IP issues: The future for PM
IP Workshop
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UoM Guidance
• https://documents.manchester.ac.uk/display.aspx?DocID=50692
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IP Issues
• Why would the PM need to know about IP? • The PM sits in a special position where lots of people might
have ‘things’ they have created sometimes not tangible things. – The Client or Sponsor or Employer, comes up with an idea for
her business that idea is transmitted to a designer who creates a solution which a supplier provides. The PM arranges all the suppliers in the supply chain so the project is delivered. Everyone in that chain needs protecting, needs legal rights, as the project develops.
– Nothing here purports to be legal advice, you should always take that advice from a suitably legally qualified professional. IP lawyers are specialist lawyers. This is not about IP law rather it is an introduction to IP issues which might affect Project Managers.
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Portrait of Adele Bloch-Bauer
• Gustav Klimt, Public domain, via Wikimedia Commons
• Can I copy this painting
Is it the most beautiful thing
You have ever seen?
Who owns material Eron Task or FPM
• IMechE – Unless otherwise agreed in writing, all intellectual property rights
arising out of this Contract shall vest in the Consultant. The Client shall have a worldwide, non-exclusive, non-transferable, royalty-free licence
to use, and have used, that intellectual property for any purpose.
• NEC – The Employer has the right to use the material provided by the Consultant for
the purpose stated in the Scope. The Consultant obtains from a Subconsultant equivalent rights for the Employer to use material prepared by the Subconsultant.
ALL Stakeholders
• How does the PM advise on Intellectual Property Issues for ALL stakeholders on a project
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ALL Stakeholders
• How does the PM advise on Intellectual Property Issues for ALL stakeholders on a project
– She doesn’t BUT she knows who to ask
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Definition of intellectual property
• “patents, [utility models,] rights to inventions, copyright and [neighbouring and] related rights, [moral rights,] trade marks [and service marks], business names and domain names, rights in get-up [and trade dress], goodwill and the right to sue for passing off [or unfair competition], rights in designs, [rights in computer software,] database rights, rights to use, and protect the confidentiality of, confidential information (including know-how [and trade secrets]) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.” – http://uk.practicallaw.com/
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IP Issues
• IP refers to creations of the intellect. IP provides for a type of monopoly which is assigned to designated owners by law. IP refers to creative work and treats these as an asset or physical property. Intellectual property rights fall principally into four main areas: – Copyright
– Trademarks
– Design rights
– Patents.
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What are IP rights?
Brand name
Product
Label design
Method of making bottle
Bottle shape
- trade secret
- trade mark
– copyright & passing off
– patent
– trade mark and/or design
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What are IP rights?
Brand name - trade mark
Logo design – copyright & passing off
Plane/wing/flaps/parts shape
– trade mark and/or design
Know-how & trade secrets
- patent
Product/method invention
Technical drawings
- copyright
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Copyright
• Copyright applies to work that is recorded in some way; rights exist in many items
• PMs might be involved in many items that are recorded: literature; artistic pieces; music and drama work as well as films, sound recordings and drawings
• Copyright gives the author specific rights in relation to the work
• Copyright prohibits unauthorised actions • Copyright allows the author to take legal action against
instances of infringement or plagiarism • Parody and pastiche • Fair use
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How long does copyright last?
• The duration of copyright varies by country, but the Berne Convention dictates a minimum duration that all signatory states should grant in their national laws.
• Simply put protection is for the lifetime of the creator plus fifty years, with some exceptions
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Trademarks
• A trademark might be a name, word, slogan, design, symbol or other unique device that identifies a product or organisation.
• Trademarks are registered at a national or territory level with an appointed government body and may take considerable time to be processed.
• Registered trademarks may be identified by the abbreviation ‘TM’, or the ‘®’ symbol.
• It is illegal to use the ® symbol or state that the trademark is registered until the trademark is registered
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Design rights
• Designs are complex and may be subject to both copyright and design rights.
• Registered in a similar way to patents. • Designs may be subject to three types of
protection, – copyright, – unregistered design rights and as registered designs.
• The actual details of design rights will vary depending on national law. National patent office offer specific details.
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Patents
• Patents apply to industrial processes and inventions, and protect against the unauthorised implementation of the invention
• Patents are grants made by national governments that give the creator of an invention an exclusive right to use, sell or manufacture the invention.
• Patents are the most difficult form of IP to get and are expensive to enforce
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Trade Secrets
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MAGMATIC (TRUNKI) V PMS [2016] UKSC 12
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MAGMATIC (TRUNKI) V PMS [2016] UKSC 12
• 1 do you think I can reproduce the image?
• 2 do you think PMS did infringe any IP held by Magmatic?
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Cases for and against IP
• Cases for search – Returns i-Phone cases – Lots of anti-IP arguments saying “There are no good
Cases for IP – Utilitarian argument
• Cases against search – The Property and Freedom Society – Ideas Are Free – Linux – Libertarian – Thwarts innovation
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The future for PM
• What is the future? – Peter Fenn can’t tell you, if he could he wouldn’t be
here
– More PM?
– More IPM?
– More IPM in industries and projects where IP is an issue
– Therefore more IP
• Remember PM advice is consult a specialist IP lawyer
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Coursework
• Eron Task Fenn PM • Why choose Fenn • Contract choice • Bid document
• Total bid • Rate for each member • Expenses beyond 2022 • Inflation
• Contract • Report on Corruption + how • Assessment of each member • Minutes
Individual Submission
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Coursework: Group Submission
• Group Submission
• Lots of questions
– Someone doesn’t perform/someone exceeds their authority. Think about the individual submission
– Find a solution
• MANY ANSWERS but follow the brief. Be brave. Be creative. Make some reasonable assumptions or ask questions
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Coursework: Individual Submission
• Individual Submission • 500 word maximum critical and reflective report on the
coursework, to cover: • Your role and how this might help you develop as a
PM; • AND • The coursework itself and how it might be improved in
future years • MANY ANSWERS but it must be 500 words and it must
be critical and reflective on your role and the coursework itself. Be brave
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Discuss these issues Eron Task wants advice
1. Eron Task wants advice, the client says they want to be able to use any project management systems developed by the consultant on other projects perhaps not involving the consultant i.e. anything developed that is useful in the future either now belongs to the client or can be used by the client. Do you:
1. Suggest a clause in the consultant's contract 2. Suggest a lawyer is consulted
2. Your firm [FPM] is PM on a project for corona vaccine worldwide, your young PMs recent MoP graduates from University ofManchester have designed a new management process while on an internship with you. It will be much quicker. Who owns it
1. The students 2. FPM 3. UoM 4. The World
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