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Intellectual Property and IT

Intellectual Property and Information Technology (IP/IT)

Kerseys offer their business clients a full remit to IP and IT assistance in a legal context and emphasis and consideration will vary depending on the nature of the business.

By undertaking an IP and IT ‘audit’ we can begin to understand what IP and IT rights may affect your business. This can be carried out as an initial informal exercise or by a comprehensive company-wide IP/IT audit.

IP rights consist of one or more legal rights intended to protect a business:

  • brand (trademarks)
  • domains
  • written content (copyright)
  • designs
  • databases
  • inventions (patents)
  • IT systems

In each case we would look at whether an IP right exists (some are not protected by law) and if so, who owns that right and whether it is being infringed.

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Kerseys IP and IT Services

These include a broad section of IP/IT legal services and specifically within the following areas:

Due Diligence and Strategy

  • IP and IT considerations for start-ups
  • IP and IT rights affecting your business
  • IP and IT audits
  • Due diligence in asset/share purchase transactions
  • IP and contracts of service (employees)
  • IP and contracts of services (contractors)
  • Registering IP rights
  • Avoiding infringing third party rights
  • Licences and assignments
  • Compliance obligations: data protection and e-commerce

Software

  • Key issues in software contracts
  • Licensing software and distribution
  • Software development and support agreements

Internet and E-commerce

  • Domain names
  • Website management
  • Website development agreement
  • Web hosting agreement
  • Website terms and conditions
  • Website advertising
  • Cookies and other technologies

Supply of IT Services

  • Consultancy and outsourcing

IP Disputes

  • Copyright
  • Database
  • Design
  • Trademark and passing off
  • Patents
  • Website and domain name disputes

IP and IT Strategy

IP and IT strategy should support commercial objectives and as part of an audit we would want to consider with you to what extent IP and IT rights are integral to business success and revenue generation.

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Plus we would need to consider what resources (in time and money) are available to protect or enforce IP and IT rights. For example, if a key commercial goal is for the business to build up its brand, this would suggest focusing IP and IT strategy on trade mark and domain registration.

At Kerseys we can assist you in summarising IP and IT considerations whether setting up a new business, or in running an existing business that owns some IP assets and uses IT as a support function.

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