Intellectual Property

INTELLECTUAL PROPERTY SOLICITORS SHEFFIELD

Intellectual Property law is becoming an increasingly important area of law in an age where technology is central to everyday life and business. Almost every business has to deal with legal issues realting to IP, so it is worth seeking advice about intellectual property issues as early as possible, particularly if you business is a brand or looking to become a brand, so as to ensure intellectual property assets are protected and regulations are not breached.

In general terms the following are “Intellectual Property” topics

  • Copyright
  • Confidential information
  • Data protection
  • Database rights
  • Design rights and patents
  • Domain names
  • Freedom of information
  • Trademarks
  • Websites content

Practical services we offer

  • confidentiality agreements
  • intellectual property licences
  • advice on IP protection
  • Drafting and negotiating assignments of intellectual property rights
  • IP disputes
  • Monitoring and policing IP counterfeit activity worldwide
  • Preparing distribution, manufacturing, franchise, sponsorship and agency agreements
  • Drafting and negotiating Collaboration and Research agreements
  • Negotiating and preparing co-existence agreements

Selling on the web

Websites are subject to a number of laws and regulations which increase if selling online or using marketing methods through electronic forms of communication.  The 3 relevant pieces of legislation are:

  • Privacy and Electronic Communications (EC Directive) Regulations 2003
  • Electronic Commerce (EC Directive) Regulations 2002
  • The Data Protection Act 1998

Data Protection

Almost every business is affected by the Data Protection Act 1998 (”DPA”).

This Act covers personal data in electronic form. Security measures need to be taken against unlawful or unauthorized processing of personal data, or if it is damaged or lost.

E-Commerce

If you trade on the internet, you must adhere to the Electronic Commerce (EC Directive) Regulations 2002.  This directive sets up an internal market framework for businesses and consumers.  All people who sell goods or services online must explain as clearly as possible how an order can be placed. The terms and conditions of the transaction should be in a form which the buyer can reproduce.  The buyer must then receive an acknowledgement of their order without delay.  If these steps are breached then this may give rise to a breach of statutory duties.

The nature of buying and selling on the internet means that it may not be possible to have customers sign a paper contract. Therefore you must ensure that electronic contract terms are accessible, preferably that the buyer has specifically “opted in” and are enforceable.

Website legal advice

Sheffield Intellectual Property Solicitors can cost effectively help with making a website legally compliant, including the basic essentials of :-

  • Website Terms and Conditions
  • Privacy Policies

Tips and Documents

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