Managing Liability & Risk

Disputes & Litigation

Private International Law - Jurisdiction clauses and Choice of Law Clauses
In resolving disputes, choice of law clauses and jurisdiction clauses may play a key role in determining whether the dispute may be heard in England.

Intellectual Property Rights

Copyright

Briefing Note - Copyright Infringement in Images & Photographs and Infringement
The House of Lords decision of Designers Guild clarifies the test for copyright infringement in the UK.

Designs Protection

Copyright

Typefaces, Fonts and Characters - Intellectual Property Protection in the United Kingdom
Electronic fonts and typefaces may be protected by copyright law in the United Kingdom. Industrially applied typefaces may be protected as registered designs

Designs Protection

Intellectual Property Protection

Briefing note - Registered Designs, Excluded Subject Matter and Infringement
A short summary of the subject matter of designs not able to be registered as designs under the Designs Act UK, when design rights are lost and rights to claim infringement of a design.

IP Ownership

Intellectual Property Protection

Briefing Note - Ownership and Incidents of Ownership of Designs
The law determining the ownership of designs is similar to the law of copyright. The designer is the first owner of the design unless they are employed.

Designs Protection

Intellectual Property Protection

Briefing Note - Overview of Community Designs Protection
A synopsis of registered design rights and the scope of protection within the UK and Europe

Managing Intellectual Property

Copyright

Briefing Note: Contracts for Packaged Software Licences Agreements and Checklists
Our IT lawyers consider some of the key issues in packaged software licence agreements, and some general issues in software licences - software that has not been built to the specification of any customer.

Data Protection & Privacy

Data Protection

Data Protection Case – Leave to Appeal Refused
A consideration of what amounts to personal data under the Data Protection Act 1998.

Contract Management

Contract Disputes

Limitations of Liability - Software Licence Agreements and Software Development Contracts - Part 10
In this tenth part of the series, our lawyers consider limitations of liability and how they might be applied in software development agreements.

Contract Management

Contract Terms

Checklist for Software Licence Agreements - Software Licence Agreements and Software Development Contracts
This article contains a basic checklist of clauses that may be included in software licence agreements.

Contract Management

Contract Terms

Termination and its Consequences - Software Licence Agreements and Software Development Contracts - Part 9
In this the ninth in the series, our solicitors consider termination clauses and the consequences of termination in software development contracts and agreements.

Contract Management

Contract Disputes

Liquidated Damages and Penalty Clauses - Software Licence Agreements and Software Development Contracts - Part 8
In this eighth part of a series, we consider penalty clauses which may unenforceable at law in software development contracts and agreements. The purpose of such contract clauses is to avoid the need for a judge to quantify the actual damage caused by the person in breach.

Outsourcing & Procurement

Contract Negotiation

User Documentation & Escrow Agreements – Software Licence Agreements and Software Development Contracts - Part 7
In this article we consider the options for escrow agreement, and when they are appropriate in software development agreement and user documentation requirements.

Contract Management

Contract Terms

Acceptance Testing - Software Licence Agreements and Software Development Contracts - Part 6
In this sixth part of a series on software licensing, our solicitors consider factory acceptance testing and user acceptance testing as part of the software development lifecycle.

Contract Management

Contract Terms

Improvements and Upgrades - Software License Agreements - Part 5
In this fifth part of the series, we consider contract terms catering for improvements and upgrades to licensed software.

Contract Management

Contract Terms

Payment for Licences - Software License Agreements - Part 4
In this fourth in the series on software licensing, we consider some options for payment of licences in software development contracts & agreements.

Intellectual Property Rights

Contract Terms

IPR Indemnities - Software Licenses - Part 3
In this third article in the series, our solicitors consider IPR indemnities in the context of software licences.

Contract Management

Contract Terms

Terms of Licence - Software Licence and Development Agreements - Part 2
In this second in the series, our software solicitors consider the flexibility of intellectual property rights & copyright licensing.

Licensing

Intellectual Property Protection

Software License and Development Contracts - Part 1
In this first article in the series, we consider the fundamental differences between software licence agreements and software development contracts.

Managing Liability & Risk

Contract Terms

White Hat Hacking and Computer Software Security
A consideration of the commercial risks and security issues arising from White Hat hacking, otherwise known as ethical hacking in the context of computer security and the role of software.

Contract Management

Contract Terms

Briefing Note - Infiltration of Viruses and Insurance Contracts
A brief consideration of the coverage of insurance contracts over data loss and corruption and the implications of failing to ensure the insurance contracts are adequate.

Managing Intellectual Property

Confidential Information

Briefing Note - Confidential Information and Public Disclosure
Information ceases to maintain the requisite character of confidentiality once it has been placed in the public domain...

Intellectual Property Rights

Regulatory Compliance

The Copyright and Related Rights Regulations 2003
These Regulations introduced new rights that render copyright technology neutral, narrow fair use defences to copyright infringement, and introduce a regime for digital rights management systems.

Intellectual Property Rights

Patent Protection

Copyright Deficiencies in the Protection of Software - Can Patent Pick Up where Copyright Drops Off?
Patent law and copyright protect different aspects of software from copying and exploitation.

Defamation

Libel & Slander

ISPs, Internet Defamation and Intellectual Property Rights Infringement
When publishing online, ISPs should take care to manage intellectual property rights and defamation liability.

Defamation

Intellectual Property Protection

ISPs, Internet Defamation and Intellectual Property Rights Infringement
When publishing online, ISPs should take care to manage intellectual property rights and defamation liability.

Contract Management

Contract Terms

Online Contracting in the UK
A synopsis of the law relating to online contracts in ecommerce in the UK.

Asset Management

Intellectual Property Protection

Managing Intellectual Property & Know-How
The process of managing intellectual property is a staged process, involving identification and assessment of the asset and the strength of the intellectual property right vesting in it.

Gambling

Regulatory Compliance

Online Gaming and Advertising in the UK - Now and the Future
The policy on online gaming is about to experience a dramatic policy change in the UK, making advertising more assessable to business, with online gaming business to become available on UK mainland.

Rights Owners

Domain Names

Domain Name Disputes and the Nominet Dispute Resolution Procedure
Bad faith and abusive registrations entitle a trade mark owner to recover the domain name cost-effectively through Nominet's Dispute Resolution Service.

Software Piracy

Copyright

Software Licensing - Procurement of Software Assets
Inadvertent software piracy amounts to an infringement of copyright. The procurement process is one avenue where infringing material may place companies in a compromising position.

Contract Management

Damages & Compensation

Liquidated Damages Clauses and Penalties in Commercial Contracts
Carelessly liquidated damages clauses in contracts may be construed as contractual penalties and unenforceable.

Software Piracy

Copyright

Software Licensing, Contract Law & Software Piracy
Software piracy constitutes copyright infringement. Commercially, it may take different forms inline with activities that are contrary to the terms of the software licence.

Intellectual Property Rights

Intellectual Property Protection

Managing Intellectual Property – IPRs and audit checklists
Identifying the intellectual property assets is an important step prior to licensing to identify those assets of the business that are available to generate additional revenue.

Copyright Licensing

Copyright

Fireballs from Cyberspace – Open Source Software Licensing for Geeks, Freaks and Technocrats
An overview of the legal issues involved when using open source software in commercial software development projects.

Data Protection & Privacy

Data Protection

Meaning of Personal Data under the Data Protection Act
The meaning of personal data is essential to complying with access requests for personal data by data subjects. The Court of Appeal considered the meaning of personal data in the Durant Case.

Contract Management

Contract Disputes

Enforceability of Exclusion Clauses in UK Contracts
The application of exclusion of liability clauses in UK contract disputes.

Ecommerce

Regulatory Compliance

Unfair Contract Terms - Application to Technology and Software Contracts
An explanation of the application of unfair contract terms in B2B and B2C contracts in the UK.

Ecommerce

Regulatory Compliance

Briefing Note - Unfair Terms in B2B & B2C Terms of Business
The application of unfair terms in consumer contracts to B2B and B2C terms of business agreements under UK law.

Contract Management

Regulatory Compliance

Regulatory Compliance Briefing Note - Online Auctions & Consumer Protection
The application of sale of goods legislation to online auctions and aspects of management of terms of business agreements.

Contract Management

Regulatory Compliance

Regulatory Compliance Briefing Note - Implied Terms in Business Contracts for the Sale of Goods
A synopsis of some of the legislation applying to online B2B and B2C sales of goods contracts and agreements.

Software Protection

Copyright

Determining Ownership of Copyright and Software
Our intellectual property solicitors discuss a rationale for determining ownership of copyright in the UK.

Software Protection

Patent Protection

Briefing Note - Technology and Software Patents and Patentability
A method to identify a 'technical effect' for the purpose of patentability under the Patents Act 1977 UK.

Software Protection

Intellectual Property Protection

Briefing Note - Protection of Computer Software - A Synopsis of Intellectual Property Rights
Software may be protected by patent law, as a trade secret or by copyright as a literary work or a film.

Brand Protection

Domain Names

The ICANN Dispute Resolution Policy Application to Domain Names
The ICANN Dispute Resolution Policy applies to, amongst others .com domain names, and sets out the bases for recovering such domain names for use in bad faith.

Choosing Business Names

Regulatory Compliance

Choosing Business & Company Names in the UK
Considerations when selecting a business name to trade in the United Kingdom.

Brand Protection

Copyright

Copyright Protection - Company Names, Logos and Slogans
Copyright, Designs and Trademarks may all play a part in protecting business names, trading names, slogans and logos.

Setting up in Business

Business Structures

Setting Up in Business in the UK
Selection of the legal form of a business determines the personal liability of the persons participating in the commercial venture. The concept of separate legal entities applies to companies in the UK.

Managing Liability & Risk

Obtaining Evidence

Pre-Claim Disclosure in Commercial Litigation
Pre-action disclosure is a court based procedure allowing a claimant to acquire documents and electronic evidence prior to the commencement of legal proceedings.

Intellectual Property Rights

Patent Protection

Distinguishing the Difference between Patent and Copyright Protection
An explanation of some of the fundamental differences between intellectual property protection in patent and copyright law.

Intellectual Property Rights

Patent Protection

A Strategy for Obtaining Technology based Patents
An overview of a strategy to obtain patent rights in technology based inventions.

Software Piracy

Copyright

Avoiding Software Piracy - BSA Announces Software Asset & Licence Management Tools
A recent reports indicated that software copyright infringement in the IT industry was the most common area for infringement.

Asset Management

Confidential Information

Confidential Information - Relationship with Intellectual Property and Contract Law
Unauthorised disclosures of confidential information may overlap with infringement of copyright. This publication briefly considers the overlaps between intellectual property protection and confidential information.

Ecommerce

Regulatory Compliance

Briefing Note - The Application of the E-Commerce Regulations to Suppliers & ISPs
The E-Commerce Regulations require information to be provided to customers in B2B transactions and regulate the liability of Internet service providers (ISPs).

Intellectual Property Rights

Copyright

Briefing Note - Published Editions and Typographical Arrangements
The typographical arrangement of a published editions is protected by Part I of the Copyright, Designs and Patents Act UK

Asset Management

Confidential Information

12 Things about Confidential Information
A few short pointers on the nature of confidential information.

Intellectual Property Rights

Copyright

Copyright FAQs - The Innocence Defence under UK Copyright Law
Not knowing that a copyright work is infringed is no defence to a claim for copyright infringement, however that circumstance may be taken into account in an assessment of damages.

Intellectual Property Rights

Copyright

Incidental Inclusion of Copyright Works and Defences to Infringement
The Copyright, Designs and Patents Act anticipates the event where copyright works are incorporated incidentally into new works. A defence to infringement applies where...

Intellectual Property Rights

Copyright

Copyright FAQs - What does the Copyright Symbol © mean?
The effect of implied rights and the copyright symbol in the UK.

Intellectual Property Rights

Copyright

Copyright FAQs - Is Registration required for Copyright Protection?
Copyright protection in the UK is automatic, with no requirement for registration. This arises from an application of the Berne Convention, the interpretation of the Copyright, Designs and Patents Act UK.

Outsourcing & Procurement

Contract Terms

Briefing Note – Outsourcing Services – Key Considerations
Discussion of technology issues to consider in outsourcing contracts, including staffing, network availability, service levels and service level compensation.

Outsourcing & Procurement

Contract Negotiation

Briefing Note - Outsourcing Software & Hardware Maintenance and Support
Disaster recovery, employees, change control, ownership of assets and non-competition provisions are worthy of consideration in outsourcing of technology projects. The annual ITtoolbox Outsourcing Survey (2004) found that cost saving (38%) and the need for technology, skills and equipment (21%) were the most important factors to companies looking to outsource processes.

Contract Management

Contract Terms

Web Sites, Search Engine Optimisation Services and Exclusion Clauses
A short overview of obligations in search engine optimisation contracts.

Intellectual Property Rights

Confidential Information

Briefing Note - Law of Confidential Information in the UK
A brief overview of the law governing misuse and disclosure of confidential information.

Asset Management

Patent Protection

Protection of Computer Software Systems and Applications & Patent Law
Although most computer programs would readily fulfil the requirement of being capable of industrial application, few can be considered novel or non-obvious to skilled programmers.

Asset Management

Patent Protection

Protection of Innovation and the Patentability of Inventions
In this publication, our intellectual property solicitors step through the requirements for patentability.

Managing Intellectual Property

Patent Protection

Employees’ Rights to Compensation for contributions to Patented Inventions
A synopsis of the rights granted to employees under the Patents Act 1977. Employees may be entitled to an award of compensation arising from the benefit received by the employer.