Group Legal Counsel: IP (Kwazulu Natal) at Aspen Pharma Group

JOB PURPOSE:

• This position is responsible for the accurate and timely management, maintenance, renewal and enforcement of Aspen's global intellectual property portfolio, including trademarks, domain names and related IP rights, and provides legal and commercial support on portfolio management, licensing, transactions, disputes, compliance, risk management and associated cross-functional initiatives.
• The level of appointment, degree of independence, complexity of work and scope of accountability will be determined by the successful candidate’s qualifications, experience and demonstrated capability. Internal note, with reference to the Group Legal Roles & Career Progression Framework.

KEY PERFROMANCE AREAS:

• Research and analyse international trademark search results and prepare accurate, clear written opinions on trademark availability for use and registration, enabling the relevant affiliate to make informed commercial decisions aligned with Group strategy.
• Manage the global Aspen trademark portfolio, aligned with Group strategy, including the filing, prosecution, maintenance and renewal of Aspen trademarks, as well as the accuracy and integrity of the IP database and records.
• Support the protection and administration of other IP rights, including domain-name registrations, renewals, transfers, objections and disputes, and matters relating to copyright and registered designs.
• Provide researched opinions on IP-related matters, commensurate with the level of appointment and based on applicable law, the business context and relevant industry experience.
• Draft, analyse and advise on IP agreements and clauses, including inbound and outbound IP licensing arrangements, and provide transactional support to Group affiliates on acquisitions and divestments involving registered and unregistered IP rights, including reviewing IP rights audits for legal due diligence purposes.
• Monitor international watch notices and relevant digital and social media channels; identify and investigate risks, including misuse of Aspen trademarks or other IP; and advise on appropriate protection and enforcement action. Manage assigned contentious or litigious trademarks and related IP matters diligently and in accordance with applicable Aspen and Group Legal policies and procedures.
• Monitor, research and report on new and amended trademarks and broader IP laws and regulations in relevant jurisdictions; assess potential impact on Aspen’s IP portfolio; and recommend proportionate risk mitigation.
• The diligent management of all assigned contentious or litigious trademark matters, aligned with the applicable Aspen and Group Legal policies and procedures.
• Monitor, research, and report on new and amended trademarks and/or IP-related legislation and regulations in relevant jurisdictions, advising on the impact of such legislation on Aspen’s Intellectual Property Portfolio, highlighting any potential risk, and providing recommendations on how to mitigate such risks.
• Meaningfully contribute to and deliver ancillary legal work and cross-functional projects within Group Legal.
• Meet or exceed the Group Legal business unit KPIs agreed by the Group Executive: Legal with Aspen executive leadership.
• Adopt and comply with Group Legal ways of working, including the Aspen Values and the honest application of the personal Insights® profile, or a similar tool provided by an Aspen Group service provider, to enhance interpersonal effectiveness.
• Develop and improve IP precedents, templates and legal opinions.

Requirements
FORMAL QUALIFICATION:

• Legal Degree (preferably LLB).
• Science qualification (BPharm and/or BSc) an advantage but not a requirement.
• Admitted Attorney of the Republic of South Africa.
• Postgraduate IP or trademark practitioner qualification preferable.
• Membership of an appropriate professional body, where applicable.

SPECIFIC EXPERIENCE, KNOWLEDGE AND REGISTRATION:

• Indicative 5 - 10 years Post-Admission Experience, including relevant IP experience.
• Experience in managing an international trademark portfolio, or exposure to such.
• Sound legal and commercial knowledge.
• Commercial IP exposure, including the acquisition, divestment and licensing of trademarks, preferable
• Ability to work effectively within a diverse global legal function.
• Trademark litigation and opposition experience.
• Pharmaceutical industry exposure preferable.
• Experience in Legal project management.
• Strong research and writing skills.

SKILLS AND ATTRIBUTES:

• Strong analytical skills and the ability to exercise sound business judgement.
• Ability to work independently to the extent appropriate to the level of appointment, while contributing as a member of an integrated global legal function.
• Constructive approach to conflict resolution.
• Strong interpersonal and communication skills.
• Ability to guide or supervise support staff, where applicable.
• Consistent commitment to accuracy.
• Ability to develop expertise in trademark matters, commensurate with the level of appointment.
• Ability to contribute to the development and improvement of functional IP practices and processes for Aspen.
• Sound understanding of multinational IP laws, particularly trademark legislation, commensurate with the level of appointment.
• Understanding of the intersection between IP and the commercial business environment.
• Pharmaceutical industry knowledge or exposure preferable, and to be developed.