About this Training Course In context of trade, seamless supply chains and dependence on international resources, world is becoming one single market. Even though because of internet and widespread access to legal resources, business managers tend to share the common legal principles, but unfortunately, the legal framework and national laws of different countries still maintain a certain degree of uniqueness and protectionism. Thus, the success of an international contract will depend on the 'know how' in identifying the differences in legal regimes, diversity of legislature, scoping, contract drafting, negotiation and execution competencies in each context. It is getting not only important but crucial to consider risks from remote and unforeseen events, sanctions, and proxy wars. As a contract gets bigger in monetary value and wider in scope, more attention is needed in drafting and interpreting terms and conditions of any contract before signing on the last page or accepting it online. This 2 full-day course endeavours to enable the participants gain an understanding of the essential ingredients of contracts and mastering the international contracting principles. This course will equip participants to identify vague and ambiguous clauses, avoid dangerous and often hidden terms, and better understand the controlling position in a project. The participants will learn from the Case Law Reports and analysis to take home lessons learned from bitter experiences of peers in the industry. It is designed to help those who need a solution to manage current contractual issues or those who execute international contracts regularly and want to be more proficient in managing their contracts and projects, with changing contexts. Training Objectives On completion of this course, the participants will have learnt: Project management strictly in accordance with the contract and the corporate strategies How to ensure that Variations Order claims are appropriately managed in turnkey and lump-sum contracts Manage contemporary challenges and market factors with direct or indirect impact on the contracts Managing all members of the Supply Chain from vendors to logistics services providers Cost Engineering and Performance Management How to manage Consortium Partners, Contractors and Owners representatives When and how to obtain / grant extension of time (EOT) and costs Ability to identify rights and obligations of each party to a contract instead of making subjective decisions Ability to be firm in negotiations without violating the terms of the agreements Ability to spot different legal systems, contract laws and arbitration rules Ability to negotiate and avoid disputes and resolution in an amicable manner, in accordance with the provisions of the contract Competency in developing and maintaining documentary evidence and traceability for all works executed during the project Target Audience This course is intended for professionals from the Oil & Gas Industry, Heavy Engineering & Construction Industries, Terminals, Shipping and Maritime Logistics Services Providers. This course is not to be missed by, especially those who are involved in Contract Management and with roles related to Contracts e.g. Commercial Managers, Engineers, Procurement Managers and Finance Managers, with a non-legal background and Para-legal executives. Course Level Intermediate Trainer Principal Management Consultant Chartered Valuer and Appraiser (CVA) FACICA | FAMTAC | FAIADR | M.S.I.D | Member, AIEN LL.M. (IP Law), M. Sc. (Maritime Studies), M. Tech (Knowledge Engineering), MBA, First Class CoC (MCA, UK), B. E. (Elect) Your expert course leader, during the last 47 year period, has worked and consulted in the industry verticals encompassing: Technology, Oil & Gas Exploration & Production, Petrochemical Process Plants and Power Plant Construction Projects, Logistics & Warehousing, Marine, Offshore, Oil & Gas Pipelines, Infrastructure Development Projects (Ports, Offshore Supply Bases, Oil & Gas Terminals and Airports etc), EPCIC Contracts, and Shipyards, in South East Asia, Africa, Middle East, Americas and Europe. He serves as the Principal Management Consultant with a management consultancy in Hong Kong and Singapore, specialising in the fields of corporate management consultancy, international contracts reviews and alternative dispute resolutions services. He undertakes special assignments for conducting audits and valuation of intangible properties involving proprietary processes for licensed production, and licensing of intellectual property rights (IP Rights) in patents, trademarks, and industrial designs. He is frequently engaged for assignments like due diligence, acquisitions, mergers, resolving various operational issues, technology transfer and agency services contracts reviews, cost controls, and enhancement of Supply Chain Management. He has been conferred the credentials of Chartered Valuer & Appraiser (CVA) by SAC and IVAS, in accordance with the international valuation standards setting body IVSC. His consulting experience includes Charterparty Management, Business Process Re-engineering, Diversifications, Corporate Development, Marketing, Complex Project Management, Feasibility Studies, Dispute Resolutions and Market Research. He has successfully assisted Marine and offshore E & P clients in managing contractual disputes arising from various international contracts for upgrading & conversion projects. He continues to be actively engaged in claims reviews, mediation, arbitration, litigation, and expert witness related assignments, arising from international contracts and Charterparty Agreements. He graduated with a Bachelor's degree in Electrical Engineering, MBA in General Management, Master of Technology in Knowledge Engineering, Master of Science in Maritime Studies, and LL.M. (IP Law). He also holds professional qualifications in Business Valuations and Appraisers for CVA, arbitration, law, and marine engineering, including the Chief Engineer's First-Class Certificate of Competency (MCA, UK). He is further qualified and accredited as Certified International Arbitrator, Chartered Arbitrator, Sports arbitrator under CAS Rules, WIPO Neutral, Australian Communications and Media Authority (ACMA) Bargaining Code Arbitrator, Accredited Adjudicator and Accredited Mediator (Malaysia). He is admitted to the international panels of arbitrators and neutrals with WIPO, Geneva; ACICA, AMTAC and ACMA, Australia; BVIAC (British Virgin Islands); JIAC (Jamaica); HKIAC Hong Kong; AIAC, Malaysia; AIADR, Malaysia; KCAB, Seoul, South Korea; ICA, Delhi, India; ICC (Singapore); SISV, Singapore; SCMA, Singapore; SCCA, Saudi Arabia; VIAC Vienna, Austria; Thailand Arbitration Centre (THAC), and Mediator with AIAC Malaysia, CMC, and SIMI Singapore. POST TRAINING COACHING SUPPORT (OPTIONAL) To further optimise your learning experience from our courses, we also offer individualized 'One to One' coaching support for 2 hours post training. We can help improve your competence in your chosen area of interest, based on your learning needs and available hours. This is a great opportunity to improve your capability and confidence in a particular area of expertise. It will be delivered over a secure video conference call by one of our senior trainers. They will work with you to create a tailor-made coaching program that will help you achieve your goals faster. Request for further information post training support and fees applicable Accreditions And Affliations
This one-day programme explores the role of intellectual property (IP) in relation to innovation and creativity. It examines the different forms as well as the key processes, together with some of the oddities and idiosyncrasies of the legal regime that protects IP. It delves into the various IP models you should be aware of as well as key IP facts and figures and current IP trends across the global economy. This session is designed to give you a deeper understanding of: The main forms of intellectual property The importance of IP - both to your organisation and to the wider economy The key processes in the creation, commercial exploitation, and legal protection of IP The different models for the use of IP Some more advanced concepts for reviewing, valuing and managing IP 1 Main forms of intellectual property (IP) Patents Trademarks Copyright Design Trade secrets 2 Global IP business context Global IP facts and figures Figures for key jurisdictions Analysis of a company using IP data IP trends Overview of the key entities in the IP sector 3 Key IP processes IP creation IP portfolio management IP enforcement IP exploitation IP risk management 4 IP models IP models explained IP licensing IP litigation 5 IP concepts The IP maturity ladder Relative IP value and risk Axis of control 6 IP as an asset class Costs Valuation Financial perspective
Nowadays not only do we rely on our commercial and sales staff to hit that bottom line but we expect our engineers and project teams to play their part too - not only through their engineering and management skills but by behaving in a commercially minded way in their dealings with their counterparts in customer or supplier organisations. This means understanding, amongst other things, the issues surrounding the commencement of work ahead of contract, having a clear contract baseline, recognising the broader implications of contract change, the need for timeliness and the consequences of failing to meet the contracted timetable. This practical one-day programme has been designed specifically to give engineers, project staff and others just that understanding. The course is designed principally to provide engineers and project staff with an appreciation of contractual obligations, liabilities, rights and remedies so that they understand the implications of their actions. It is also suitable for business development staff who are negotiating contracts on behalf of the business. The main focus of the day is on creating an awareness of when a situation may have commercial implications that would harm an organisation's business interests if not recognised and handled appropriately and how taking a positive but more commercial approach to those situations can lead to a more positive outcome for the business. As well as providing an understanding of the commercial imperatives the day also focuses on specific areas affecting engineers and project staff, such as the recognition and management of change, the risks when working outside the contract and managing delays in contracts. The course identifies the different remedies that may apply according to the reasons for the delay and provides some thoughts on pushing back should such situations arise. On completion of this programme the participants will: appreciate the need for contractual controls and will have a better understanding of their relevance and how they can be applied, particularly the issues of starting work ahead of contract, implementing changes and inadvertently creating a binding contract by their behaviour; have gained an understanding of the terminology and procedural issues pertaining to contracting within a programme; and be more commercially aware and better equipped for their roles. 1 Basic contract law - bidding and contract formation Purpose of a contract Contract formation - the key elements required to create a legally binding agreement Completeness and enforceability Express and implied terms Conditions v warranties The use of, and issues arising from, standard forms of sale and purchase Use of 'subject to contract' Letters of intent Authority to commit 2 Change management Recognising changes to a contracted requirement Pricing change Implementation and management of change 3 Key contracting terms and conditions By the end of this module participants will be able to identify the key principles associated with: Pricing Getting paid and retaining payment Cashflow Delivery and acceptance Programme delaysExamining some reasons for non-performance...Customer failureContractor's failureNo fault delays ... and the consequences of non-performance: Damages claimsLiquidated damagesForce majeureContinued performance Waiver clauses and recent case law Use of best/reasonable endeavours Contract termination 4 Warranties, indemnities and liability Express and implied warranties Limiting liability 5 Protection of information Forms of intellectual property Background/foreground intellectual property Marking intellectual property Intellectual property rights Copyright Software Confidentiality agreements Internet
Software comes in a variety of guises - application software, firmware, middleware, system software. Increasingly, however, it doesn't necessarily present that way, especially as the boundaries between software, data and source code are becoming more and more blurred. And as software becomes more complex and more difficult to disentangle, so it becomes harder to manage and to value. But as it becomes more integral to every aspect of a business, so it is ever more important to keep on top of the technical, legal and commercial issues that arise, issues such as: To address these issues, organisations need a process for evaluating their current situation from all perspectives and for identifying the key actions they need to take to ensure holistic management of their software. This very practical programme will help set your organisation on the right path. Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. This programme is designed to give you a deeper understanding of: The technical, legal and commercial risks associated with software development, procurement, use and commercial exploitation The most appropriate processes and responsibilities for managing those risks Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. 1 Software business model What is the software business model? What options exist? Has the software business model been thoroughly reviewed to ensure its viability? This means fully understanding the market opportunity, the business environment and customer and end-user expectations. 2 Technology What are the technologies? How has the technology selection been validated considering the competitiveness, structure, and potential for future innovation? 3 UI and UX What is the UI and UX? How to best articulate this? Has the user interface and user experience been studied from both a subjective and objective view to give insight into customer behaviour? 4 Legal framework / commercial aspects Has the necessary legal framework or commercial aspects that may impact upon use or operation of the software been understood and risks identified and mitigated? 5 Software development What is the software development process? Are both the business management and development team's processes resilient in order to improve the company's capability and the maturity of the software? 6 Software quality What is quality? What are the metrics around software quality? What is the maturity level, based around a qualitative and quantitative assessment? 7 Intellectual property associated What IP should be considered when it comes to software? Does the company understand both the intellectual property risks and potential opportunities associated with this software? 8 Security What does software security mean in this context? How is it being addressed? 9 An holistic approach Review of roles and responsibilities to ensure appropriate management and protection
The aim of this programme is to help attendees create better quality technical documents in an organised and efficient manner. It will give those new to the topic an appreciation of how to approach the task professionally whilst those with more experience will be able to refresh and refine their skills. The programme comprises three complementary one-day modules: The programme presents a structured methodology for creating technical documents and provides a range of practical techniques that help delegates put principles into practice. Although not essential, it is strongly advised that delegates for modules 2 and 3 have already attended module 1, or another equivalent course. Note: the content of each module as shown here is purely indicative and can be adapted to suit your particular requirements. This course will: Explain the qualities and benefits of well written technical documents Present a structured approach for producing technical documents Review the essential skills of effective technical writing Demonstrate practical methods to help create better documents Provide tools and techniques for specification and report writing Review how technical documents should be issued and controlled Note: the content of each module as shown here is purely indicative and can be adapted to suit your particular requirements. Module 1: Essential skills for technical writers 1 Introduction to the programme Aims and objectives of the module Introductions and interests of participants 2 Creating effective technical documents What is technical writing? how does it differ from other writing? Key qualities of an effective technical document Communication essentials and the challenges faced by technical writers The lessons of experience: how the best writers write The five key steps : prepare - organise - write - edit - release (POWER) 3 Preparing to write Defining the document aims and objectives; choosing the title Understanding technical readers and their needs Getting organised; planning and managing the process Integrating technical and commercial elements The role of intellectual property rights (IPR), eg, copyright 4 Organising the content The vital role of structure in technical documents Deciding what to include and how to organise the information Categorising information: introductory, key and supporting Tools and techniques for scoping and structuring the document Creating and using document templates - pro's and con's 5 Writing the document Avoiding 'blinding them with science': the qualities of clear writing Problem words and words that confuse; building and using a glossary Using sentence structure and punctuation to best effect Understanding the impact of style, format and appearance Avoiding common causes of ambiguity; being concise and ensuring clarity Using diagrams and other graphics; avoiding potential pitfalls 6 Editing and releasing the document Why editing is difficult; developing a personal editing strategy Some useful editing tools and techniques Key requirements for document issue and control Module 2: Creating better specifications 1 Introduction Aims and objectives of the day Introductions and interests of participants The 'POWER' writing process for specifications 2 Creating better specifications The role and characteristics of an effective specification Specifications and contracts; the legal role of specifications Deciding how to specify; understanding functional and design requirements Developing the specification design; applying the principles of BS 7373 Getting organised: the key stages in compiling an effective specification 3 Preparing to write a specification Defining the scope of the specification; deciding what to include and what not Scoping techniques: scope maps, check lists, structured brainstorming The why/what/how pyramid; establishing and understanding requirements Clarifying priorities; separating needs and desires: the MoSCoW method Useful quantitative techniques: cost benefit analysis, QFD, Pareto analysis Dealing with requirements that are difficult to quantify 4 Organising the content The role of structure in specifications Typical contents and layout for a specification What goes where: introductory, key and supporting sections Creating and using model forms: the sections and sub sections Detailed contents of each sub-section Exercise: applying the tools and techniques 5 Writing the specification Identifying and understanding the specification reader Key words: will, shall, must; building and using a glossary Writing performance targets that are clear and unambiguous Choosing and using graphics Exercise: writing a specification 6 Editing and releasing the document Key editing issues for specifications Issue and control of specifications Module 3: Writing better reports 1 Introduction Aims and objectives of the day Introductions and interests of participants The 'POWER' technical writing process for technical reports 2 Creating better reports What is a technical report? types and formats of report The role and characteristics of an effective technical report Understanding technical report readers and their needs The commercial role and impact of technical reports Getting organised: the key stages in compiling a technical report 3 Preparing to write reports Agreeing the terms of reference; defining aims and objectives Being clear about constraints; defining what is not to be included Legal aspects and intellectual property rights (IPR) for reports Preparing the ground; gathering information and reference documents Keeping track of information: note making, cataloguing and cross referencing Tools and techniques for developing a valid and convincing argument 4 Organising the content The role of structure reviewed; some typical report structures Who needs what: identifying the varied needs of the readership What goes where: introductory, key and supporting sections Creating and using model forms: the sections and sub sections Detailed contents of each sub-section Exercise: applying the tools and techniques 5 Writing the report Planning the storyline: the report as a journey in understanding Recognising assumptions about the reader; what they do and don't know Converting complex concepts into understandable statements Presenting technical data and its analysis; the role of graphics Presenting the case simply whilst maintaining technical integrity Exercise: writing a technical report 6 Editing and releasing the report Key editing issues for technical reports Issue and control of technical reports
The aim of this course is to expose the commercial context within which technical work is carried out. It is to allow technical staff to understand how they fit into a larger picture, why they may be asked to undertake tasks that may not appear to be technical and the impact their interactions have within the commercial context. The scope of the programme includes: The course emphasises the collaborative nature of delivery and the need to offer value to customers. The principal training objectives for this programme are to help participants: Understand why technical roles are broader than we might assume Appreciate the importance of, and the need to support, sales Value the idea of 'Good Enough' Recognise what can affect profitability Realise the future needs protecting 1 Introduction (Course sponsor) Why this programme has been developed Review of participants' needs and objectives 2 That's not my job! How we see our own role in work How other people see our role Stakeholders: who are they and why do they matter? The organisational backdrop What is my role really? 3 Sales and marketing Where does the money come from? Where do we find customers? The sales process One-off sales versus repeat business Customer/supplier relationships What something costs versus what the customer will pay The value chain 4 Estimating Purpose of estimates The problem with precision Five estimating techniques 5 Change control Can you just do this for me? When being helpful leads to bankruptcy How to deal with change requests 6 Risk management Risk in projects Risk in operations Categories of risk 7 The value of intellectual property Issues with sharing information Commercial in confidence Non-disclosure agreements 8 Course review and action planning (Course sponsor present) Identify actions to be implemented individually What actions should be implemented to improve working with non-technical people? Conclusion
Trade barriers are going up across the globe. And cybercrime is on the increase. The link between the two? The value of trade secrets. As countries become increasingly protectionist as regards international trade, so their IP law has been changing, with the result that companies that previously would have sought protection through patents are opting to go down the trade secret route instead. But is this a high-risk strategy? Technology is changing and this is having an impact on forms of commercial co-operation. Collaborative or open forms of innovation by their very nature involve the sharing of intellectual property (IP), and in many instances this IP is in the form of valuable confidential business information (ie, trade secrets). Little surprise, then, that trade secrets disputes have increased accordingly. At the same time, the changes in technology make trade secrets more vulnerable to attack, misappropriation, theft. So just how effective are the legal protections for trade secrets? How can organisations safeguard the value in their IP (increasingly, the single biggest line in their balance sheets)? This programme is designed to help you address these issues. Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. This session is designed to give you a deeper understanding of: Emerging trends in trade secrets protection and exploitation The current situation in key jurisdictions Recent case law How leading companies are responding The importance of trade secret metadata Different external stakeholders and their interests Key steps for effective protection of trade secrets Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. 1 What are trade secrets? Definitions Examples Comparison with other forms of IP (patents, confidential information, know-how, copyright) 2 Current trends The various changes taking place affecting trade secrets - legal changes, trade wars, cybercrime, technology, commercial practice The current position in the UK, Europe, USA, China, Japan, Russia Corporate best practice 3 Trade secret disputes - how to avoid them Trade secret policies, processes and systems Administrative, legal and technical protection mechanisms The role of employees The sharing of trade secrets with others 4 Trade secret disputes - how to manage them Causes Anatomy of a trade secret court case 'Reasonable particularity' 5 Related issues Insurance Tax authorities and investigations Investor relations 6 Trade secret asset management roadmap Maturity ladder First steps Pilot projects
This very practical two-day workshop analyses the content and implications of key MoD terms and conditions of contract. The programme explains the principles and terminology of the contractual aspects of defence procurement as well as considering a number of relevant policies and initiatives. The course covers key components, constructs and methodologies associated with any commercial venture entered into with the UK MoD. Starting at the MoD organisational level the workshop sets the scene by looking at the acquisition process and organisation, detailing the various roles and responsibilities of MoD personnel. The workshop provides an in-depth examination of MoD DEFCONs and many narrative terms, setting them in the context of the organisation and its structures. The workshop helps participants to gain an understanding of the content and purpose of the range of MoD DEFCONs and narrative conditions commonly used throughout the acquisition lifecycle. It includes a review of Part 2 of the Defence Reform Act 2014 regarding Single Source Pricing, which comes into effect in 2015 and is already starting to be applied to significant contracts. On completion of this programme the participants will understand the terminology associated with the MoD terms and conditions of contract and will have an accurate view of their relevance, usage and their legal basis and how they can affect contractual and commercial decision-making. They will have gained an insight into defence acquisition contracting and they will be more commercially aware. DAY ONE 1 The commercial environment Key roles and responsibilities of the MoD organisations at the heart of the acquisition process 2 Tendering to MoD An appraisal of some of the obligations placed upon contractors when they are submitting a proposal to the MoD pre-contract 3 Standardised contracting MoD have introduced non-negotiable standardised contracts for certain levels of procurement. This section considers their use and relevance to defence contracting 4 Pricing, profit, post-costing and payment The parameters specific to a costing structure and the differences between competitive and non-competitive bidding The role of the QMAC, the profit formula, the requirements for equality of information and post-costing Different types of pricing and issues surrounding payment 5 Defence Reform Act - Single Source Pricing Single Source Pricing under Part 2 of the new Defence Reform Act Changes from the existing position, how contractors are affected and the compliance regime that accompanies the new requirements 6 Delivery and acceptance Specific requirements and the significance and impact of failing to meet them Acceptance plans Non-performance and the remedies that may be applied by the Customer - breach of contract, liquidated damages and force majeure DAY TWO 7 Protection of information and IPR Contractor's and MoD's rights to own and use information How to identify background and foreground intellectual property Technical information and copyright in documentation and software How to protect IPR at the various stages of the bidding and contracting process 8 Defence Transformation and Defence Commercial Directorate Widening and increasing roles and functions of the Defence Commercial Directorate Background to the Defence Reform Act 2014 9 Legal requirements Terms used in MoD contracts to reflect basic legal requirements Records and materials required for MOD contracts and therefore the obligations, responsibilities and liabilities that a company undertakes when it accepts these conditions Overseas activities 10 Subcontracting and flowdown Understanding the constructs required by the MoD for subcontracting Which terms must be flowed down to the subcontractor and which are discretionary 11 Termination Termination of a contract for default Termination for convenience How to optimise the company's position on termination 12 Warranties and liabilities Obligations and liabilities a company might incur and how they might be mitigated MoD policy on indemnities and limits of liability 13 Electronic contracting environment Electronic forms of contracting Progress toward a fully electronic contracting environment