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.

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.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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...

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.

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.

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

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

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

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.

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.

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 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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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

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 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.

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.

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.

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

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.

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.

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).

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

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

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.

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...

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

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.

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.

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.

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

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

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.

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

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.