Intellectual Property rights are critical in the software or internet based publisher market places. If these are not adequately protected a company may find its major asset diluted or lost altogether.

Copyright can cover computer software , its source code, screen displays and other literary, musical and artistic works on the internet. In legal agreements for example contracts with web page designers these issues must be addressed and adequately protected. The web site itself will need terms and conditions posted to alert browsers to any intellectual property rights claimed by the site owner.

There are issues relating to “deep linking” when one web site links to a page deep within another site” – There can be potential breaches of copyright here but other issues such as unfair competition, passing off and breach of database design rights can also be relevant. Any legal issues should be addressed before the web site goes “live” to reduce risk.

We can advise on the appropriate legal solution to such issues.

We can arrange Trademark Registration where required. It is often essential for a business to ensure that the branding of its products and services are unique and legally protected.The Intellectual Property Rights of a business, in the form of its brand names, can be as valuable and important an asset of the business as its bricks and mortar. Indeed in many cases it can be more valuable and critical to the survival of the business.

In the UK the owner of a trademark has the option to either register a trademark or leave it unregistered. In the latter case he will rely on the laws of passing off to prevent anyone who uses the same or a similar mark in the course of trade. It is not compulsory to register a trademark but there are advantages in doing so.

Registration is prima facie proof of the plaintiff's entitlement to use the mark. in the case of an unregistered mark the plaintiff has to prove entitlement to the mark and that the mark carries a reputation and goodwill.

Registration can be obtained before the mark is used provided there is a bona fide intention to do so. In the case of unused unregistered marks you cannot claim passing off.

Registration enables an action for infringement to be brought without proof of actual damage. In the case of an unregistered mark the plaintiff has to prove actual or likely damage to the goodwill of the business.