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The National Security & Investment Act and Intellectual Property: Impacts on Higher Education



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The National Security and Investment Act 2021 introduces a major new screening regime for transactions and deals. It has a broad scope, applying to the acquisition of rights to use assets (including IP) as well as to the acquisition of entities. The former will be subject to a Government 'call in' power that will entitle it to review essentially any deals it thinks might have an adverse effect on UK national security. This power is backdated to 12 November 2020, so deals that have already completed are vulnerable to retrospective review.

As we prepare for the Act's commencement on 4 January 2022, this session considers how it will apply to transfers and licensing of IP rights, knowhow and confidential information. This webinar was particularly relevant to higher education and other research-intensive sectors and looked at:
• How does the NSI Act work?
• How will it affect IP?
• What sectors / applications are likely to be at most risk of review?
• How can universities and other research-focused institutions / businesses navigate these risks?

Speakers:
Charles Livingstone, Partner
Charles leads Brodies' competition law practice, supporting clients on sensitive and strategically important matters including obtaining merger clearance for major M&A projects, investigating potential competition breaches, responding to dawn raids and acting in competition litigation. He also advises private and public sector clients on State aid and public procurement, in both contentious and non-contentious scenarios.

Charles also supports commercial, public sector, charitable and individual clients on public law issues including judicial review, human rights, information law, charity law and public authority powers and duties. He advises clients on constitutional matters, such as the limits on the Scottish Parliament’s powers, and is the co-head of Brodies' Brexit Advisory Group. He also has significant experience of drafting legislation, including Acts of the Scottish Parliament. Charles is an experienced litigator, having handled major cases in courts up to the UK Supreme Court and the Court of Justice of the European Union.

Martin Sloan, Partner
Martin is an experienced lawyer specialising in IP, Tech and Data. He combines technical knowledge with an interest in understanding his client's business to provide pragmatic advice and practical solutions.

Martin's expertise includes technology procurement, IT outsourcing, business process outsourcing, commercial contracts, intellectual property, data protection, ePrivacy and cyber risk. Martin regularly helps clients in relation to the legal and commercial risks relating to the development and use of new technology, such as cloud-based services, and projects involving AI, blockchain and big data. Martin works with clients across a range of sectors including financial services, media, food and drink, charities and the third sector, and the public sector. Martin also advises technology businesses and innovative tech start-ups, including fintech and adtech.

Niall McLean, Partner
Niall is a member of Brodies' Government, Regulation and Competition practice. He gives both public and private sector clients advice in a broad range of areas including: governance, defamation and reputation management, public law and statutory interpretation.

Niall is a solicitor advocate with extended rights of audience in the Court of Session and has extensive advocacy experience and regularly appears in court for clients. He is also regularly instructed to manage significant pieces of litigation in the Court of Session including judicial reviews and statutory appeals primarily focusing on planning & environment, local government and education law.

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