Information Technology and Intellectual Property
Our team has the expertise to advise you on a range of Intellectual Property and Information Technology law, offering a dedicated focus on these specialist practice areas.
We recognise the value and importance to your business of brand image, commercial ideas and trade secrets. The legal protection of such commercial assets is not always straightforward or obvious. Understanding this, our lawyers will be able to guide you through such issues as confidentiality, copyright protection, designs, patents and trade marks.
The Information Technology industry is developing and changing all the time. With a sound understanding of the technical side of computer systems and software, our lawyers are able to quickly recognise the important issues to your business and will be able to provide you with up to date legal advice including domain name issues, software licensing and development contracts, legal regulation of web sites and e-commerce.
Our team also has expertise in matters of Information Compliance , including the Data Protection Act 1998 and the Freedom of Information Act 2000.
Examples of our work:
Confidentiality
Obtained written a written Undertaking from an individual following a breach of confidence to cease the breach of confidence and successfully negotiated the transfer of a domain name registered in breach of confidence to our client.
Copyright
Advised a large business directory client on infringement of its copyright relating to content on its web site together with an infringement of its database rights in its business directory database. We have taken steps against the infringer on behalf of our client.
Designs
Advised a national hardware manufacturer on new product line designs for foil-cutters and wine racks regarding potential infringement of existing registered designs.
Patents
Working with patent attorneys for a small engineering company to file patent applications relating to a new type of domestic and commercial heating system technology.
Trade Marks
Advised a financial services PLC on potential infringements of their UK and Community registered trade marks by businesses in Germany and Spain.
Advised a company who had discovered another company in a similar industry with the same brand name. We advised the client to re-brand and have subsequently successfully registered a new UK trade mark for the company.
Domain Names
Successfully obtained the transfer of a domain name registered in bad faith to our client, a large manufacturer of tools and tooling accessories.
Advised on and obtained the transfer of a domain name registered in bad faith to a client in the hotel and leisure industry.
Commercial IT Contracts
Produced a software and development agreement relating to a computer system for the provision of a lottery.
Advised on contractual arrangements relating to developing and licensing an online data back-up management system, including drafting a Confidentiality Agreement, Software Commissioning Agreement and Licence.
Web Sites and E-commerce
We have advised on and drafted Terms and Conditions of Service for an online event location booking service. We have carried out a web site audit for a top end hotel business. This was followed up with a report and recommendations and we assisted the client in making changes including drafting Website Terms of Use and a Privacy Policy.
Data Protection
We have recently carried out data protection audits for a large newspaper and magazine publisher and a large confectionary company. These audits were extensive and involved the whole Technology & Creative Arts Group visiting client sites, auditing systems and interviewing staff.
Following these audits, reports were produced for the clients together with recommendations for solutions including follow-up staff training and drafting of policies and procedures.
The most recent editions of the independent directories Chambers and Legal 500 comment on the team and its lawyers as follows:
The firm: Commended by clients for its “professional service,” this firm is “continuing to develop its capacity.” Chambers 2008
The lawyers: Clients remarked on Edmund Probert’s “thorough knowledge” and his “strong focus on IT.” Chambers 2008
the team... is led by “exceptionally perceptive and helpful” Wired West chairman Edmund Propert Legal 500 2007
Marlene Howels, an e-commerce specialist, is singled out for particular praise. Clients believe that “few firms in the region can provide this level of specialist knowledge Legal 500 2007
Clients describe the junior staff as “extremely well qualified, motivated and supported”. Legal 500 2007
For initial advice, please contact:
- Edmund Probert on 01392 685325
- Marlene Howels on 01392 685330
